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GOLDSMITH v. MARX

12541/06, Motion Sequence #3, Motion Sequence #4, Motion Sequence #5.

2009 NY Slip Op 30751 (U)

FRANK GOLDSMITH and LINDA GOLDSMITH, Plaintiffs, v. JOYANNA MARX and WALTER GOBELMAN, Trustees u/d/t 12731/94, JOYANNA MARX/WALTER SOBELMAN c/o BRB MANAGEMENT CO., BRB MANAGEMENT CO., EDWARDS COFFEE SHOP & RESTAURANT, INC., EDWARDS COFFEE SHOP & RESTAURANT, INC., d/b/a EL TAZUMAL RESTAURANT, FELIPE VILLATORO, Defendants.

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

March 26, 2009

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath & Cannavo PC, Mineola, NY, Attorneys for Plaintiffs.

McCabe, Collins, McGeough & Fowler, LLP, Carl Place, NY, Attorneys for Defendants Edwards Coffee Shop and Felipe Villatoro.

Gordon & Silber, PC, New York, NY, Attorneys for Defendants Joyanna Marx and Walter Sobelman, Trustees u/d/t 12731/94, Joyanna Marx and Walter Sobelman c/o BRB Management Co. and BRB Management Co.

Judge: WILLIAM R. LaMARCA

Defendants, EDWARDS COFFEE SHOP & RESTAURANT, INC., EDWARDS COFFEE SHOP & RESTAURANT, INC. d/b/a EL TAZUMAL RESTAURANT, and FELIPE VILLATARO (hereinafter collectively referred to as the "COFFEE SHOP Defendants"), move (#3) for an Order, pursuant to CPLR §3212, awarding them partial summary judgment and dismissing the second cause of action of the plaintiffs, FRANK GOLDSMITH and LINDA GOLDSMITH's complaint, which alleges violations...

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