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B. MERRICK RD., LLC v. CHRISO FOOD SERVICES, INC.

2011-04017.

95 A.D.3d 913 (2012)

944 N.Y.S.2d 597

2012 NY Slip Op 3578

B. MERRICK RD., LLC, et al., Respondents, v. CHRISO FOOD SERVICES, INC., Also Known as CARISO FOOD SERVICE, INC., Doing Business as EAST BAY DINER (SEAFORD), et al., Appellants.

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

Decided May 8, 2012.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendants' cross motion which were pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted by the plaintiff Costas Mourelatos for lack of standing, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against the defendants DAP Diner, Inc., doing business as East Bay Diner (Bellmore), and Dennis Pavlatos for failure to...

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