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M. SLAVIN & SONS LTD. v. GLATT GOURMET CUISINE, INC.

23 Misc.3d 18 (2009)

___ N.Y.S.2d ___

M. SLAVIN & SONS LTD., Appellant, v. GLATT GOURMET CUISINE, INC., Doing Business as A.J. GLATT GOURMET CATERING, et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided February 9, 2009.

Attorney(s) appearing for the Case

Thomas Torto, New York City, for appellant.

Neil Iovino, Forest Hills, for respondents.

WESTON PATTERSON, J.P., RIOS and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs and plaintiff's motion for summary judgment on its first cause of action as against defendant Glatt Gourmet Cuisine, Inc. and dismissing defendants' counterclaim, and for severance of plaintiff's remaining causes of action granted.

Plaintiff, a wholesale purveyor of fish, brought this action to recover for unpaid deliveries of fish that...

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