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LEO J. ROTH CORPORATION v. TRADEMARK DEVELOPMENT CO., INC.

CA 11-01260.

90 A.D.3d 1579 (2011)

935 N.Y.S.2d 780

2011 NY Slip Op 9479

LEO J. ROTH CORPORATION, Respondent, v. TRADEMARK DEVELOPMENT CO., INC., et al., Appellants. (Appeal No. 2.).

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

Decided December 23, 2011.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying in their entirety those parts of plaintiff's motion seeking summary judgment on the first through third and fifth through eighth causes of action, and by denying those parts of plaintiff's motion seeking dismissal of the first affirmative defense and counterclaim and reinstating that affirmative defense and counterclaim, and as modified the judgment is affirmed without costs...

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