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B.E.N. TRADING CORP. v. SHIRLEY IMPORT, INC.

0602707/2005. Third Party Index No. 590872/05. Motion Seq. No. 003.

2008 NY Slip Op 32006 (U)

B.E.N. TRADING CORP., Plaintiff, v. SHIRLEY IMPORT, INC. And AVRAHM MAHMIAS a/k/a AVRAM NAHAMIYAS, Defendants. SHIRLEY IMPORT, INC., K and AVRAHM MAHMIAS a/k/a AVRAM NAHAMIYAS, Third-Party Plaintiffs, v. BINYAMIN ABADI, EZRA ABADI, OZOGUL ILKAY and B.E.N. TRADING CORP., Third-Party Defendants.

Supreme Court of the State of New York, New York County.

Motion Date June 26, 2008.

RICHARD B. LOWE, Judge.

Plaintiff moves pursuant to CPLR 3126 seeking an order striking the de endan party plaintiffs' (the "defendants") answer and the third-party complaint. For reasons stated on the record of June 26, 2008 and for those stated herein, the motion is granted.

Background

As discussed on the June 26, 2008 record, this matter has suffered a tortured history of delays and failures to comply with court directives...

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