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NASSAU SUFFOLK LUMBER & SUPPLY CORP. v. ELECTROGRAPH TECHNOLOGIES CORP.

2011-02961

91 A.D.3d 920 (2012)

937 N.Y.S.2d 598

2012 NY Slip Op 757

NASSAU SUFFOLK LUMBER & SUPPLY CORP., Respondent, v. ELECTROGRAPH TECHNOLOGIES CORP., Formerly Known as MANCHESTER TECHNOLOGIES, INC., Appellant.

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

Decided January 31, 2012.

Ordered that the order is affirmed, with costs.

The defendant failed to demonstrate that it had a potentially meritorious defense to the action on the issue of liability for breach of the commercial lease (see generally Holy Props. v Cole Prods., 87 N.Y.2d 130, 133-134 [1995]; Riverside Research Inst. v KMGA, Inc., 68 N.Y.2d 689, 691-692 [1986]; REP A8 LLC v Aventura Tech., Inc...

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