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JOHNSON v. OPTOMETRIX, INC.

CA 10-02234.

85 A.D.3d 1542 (2011)

926 N.Y.S.2d 774

2011 NY Slip Op 4830

TERRY JOHNSON et al., Respondents, v. OPTOMETRIX, INC., Appellant. In the Matter of TERRY JOHNSON et al., Respondents, v. MONROE COUNTY TREASURER et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 10, 2011.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiffs commenced this breach of contract action seeking, inter alia, immediate possession of a retail eyewear store that defendant was operating pursuant to an agreement with plaintiffs. By order entered August 28, 2009, Supreme Court denied that part of plaintiffs' motion to direct the payment of $100,000 in escrow funds into the court and granted that part of defendant...

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