Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant's motion pursuant to CPLR 3211 (a) (1) and (7) which were to dismiss so much of the second cause of action as sought to recover damages based on an alleged loss of future profits after April 30, 2006, and the third cause of action are granted.
The plaintiff, Watermelons Plus, Inc. (hereinafter Watermelons), concedes that New York courts permit a...
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