MITCHELL v. FBM, LLC

0114876/2007

2008 NY Slip Op 32056 (U)

JUSTIN MITCHELL, Plaintiff, v. FBM, LLC, Defendant.

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

July 17, 2008


Judge: JOAN A. MADDEN

Plaintiff moves for an order pursuant to CPLR 3212 granting summary on his first cause of action for a declaratory judgment that defendant FBM, LLC, is the successor-in interest to and/or the alter corporate entity of Fidelity Borrowing, LLC ("Fidelity Borrowing"). Defendant opposes the motion.

The following facts are not disputed unless otherwise noted. In January 5, plaintiff commenced an action against Fidelity Borrowing seeking damages...

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