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OPEN MEDIA LLC v. BUNKER

0600638/2007, Sequence Number 004

2008 NY Slip Op 32511(U)

OPEN MEDIA LLC and TEAM NY LLC, Plaintiffs, v. MICHAEL BUNKER, FACTORY IMAGING, DEPICTURE CORPORATION and STEVEN ULLMAN, Defendants.

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

September 12, 2008.

CHARLES E. RAMOS, Judge.

The defendants Factory Imaging, Depicture Corporation ("Depicture") and Steven Ullman move pursuant to CPLR 3211(a)(1) and (7) to dismiss the third, sixth, eighth, and ninth causes of action of the second amended complaint of the plaintiffs Open Media LLC and Team NY LLC (collectively "Open Media"). Open Media cross-moves for partial summary judgment seeking a declaration that there was a sale of a business and that the non-compete provision...

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