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HIGH TIDES, LLC v. DeMICHELE

2010-07433.

88 A.D.3d 954 (2011)

931 N.Y.S.2d 377

2011 NY Slip Op 7607

HIGH TIDES, LLC, Appellant-Respondent, v. DON DeMICHELE, Respondent, and JEFFREY SERKES et al., Respondents-Appellants, et al., Defendants.

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

Decided October 25, 2011.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, and those branches of the respective motions of the defendants Jeffrey Serkes and Kenneth Kellaway, and Dunkin' Brands, LLC, which were pursuant to CPLR 3211 (a) (7) to dismiss the seventh cause of action insofar as asserted against each of them are granted; and it is further,

Ordered that one bill of...

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