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A.F. ROCKLAND PLUMBING SUPPLY CORP. v. HUDSON SHORE ASSOCIATED LTD. PARTNERSHIP

2011-09356.

96 A.D.3d 885 (2012)

948 N.Y.S.2d 77

2012 NY Slip Op 4957

A.F. ROCKLAND PLUMBING SUPPLY CORP., Respondent, v. HUDSON SHORE ASSOCIATED LIMITED PARTNERSHIP et al., Appellants.

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

June 20, 2012.

Ordered that the order is affirmed, with costs.

In October 2009, the plaintiff commenced this action against the defendants, inter alia, to recover for goods had and received and on an account stated. The defendants then moved to dismiss the complaint pursuant to CPLR 3211 (a) (4) and (5). The defendants contended that in March 2007, in the Civil Court of the City of New York, Kings County, the plaintiff had commenced an...

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