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TREUHOLD CAPITAL GROUP, LLC v. WISSAK

300721/2008

2010 NY Slip Op 52369(U)

TREUHOLD CAPITAL GROUP, LLC, Plaintiff, v. STEVEN WISSAK, KR MANAGEMENT, LLC, TREVOR LAFORCE, JUDY LAFORCE, BANK OF AMERICA, NA, LUIS DATIZ, JOSE AMARANTE, LEND AMERICA, INC., PROFESSIONAL ABSTRACT, LLC, KRISTA HAYNES, STRUCTURE CLOSING SERVICES, LLC, CEIL CALISTO, AND JANE DOE, Defendants.

Supreme Court, Bronx County.

Decided July 30, 2010.

Attorney(s) appearing for the Case

Leonard Benowich Esq. , 1025 Westchester Avenue, White Plains, NY 10604, for Plaintiff.

Richard E. Trachtenberg Esq. , Martin Silver, P.C., 330 Motor Parkway, Hauppauge, NY 11788, for Defendant KR Management, LLC.

Edward C. Kesselman Esq. , 60 East 42nd Street, New York, NY 10165, for the LaForce Defendants and Defendant Bank of America, NA.

Frank J. Haupel Esq. , DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, 1 North Lexington Avenue, White Plains, NY 10601, for Defendants Datiz and Amarante

Scott Tenenbaum Esq. , Winget, Spadafora & Schwartzberg, LLP, 45 Broadway, New York, NY 10006, for Defendant Professional Abstract, LLC.

Robert P. Johnson Esq. , Naidich Wurman Birnbaum & Maday, LLP, 80 Cuttermill Road, Great Neck, NY 11021, for Defendant Haynes.

LUCY BILLINGS, J.

Plaintiff, originally having moved to sever its claims against defendant Wissak, now seeks to discontinue them. C.P.L.R. §§ 603, 3217(b) and (c). Wissak does not oppose the discontinuance of plaintiff's claims, but maintains his own cross-claims against other defendants. Several of them do oppose discontinuance of plaintiff's claims against him. Insofar as the record of plaintiff's motion reveals, the other defendants in turn cross-claim...

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