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JMF CONSULTING GROUP II, INC. v. BEVERAGE MKTG. USA, INC.

2011-09485.

97 A.D.3d 540 (2012)

948 N.Y.S.2d 314

2012 NY Slip Op 5392

JMF CONSULTING GROUP II, INC., Formerly Known as JMF CONSULTING GROUP, INC., Plaintiff/Counterclaim Defendant-Appellant, v. BEVERAGE MARKETING USA, INC., Defendant/Counterclaim Plaintiff/Third-Party Plaintiff-Respondent. JOHN M. FEROLITO, Third-Party Defendant-Appellant.

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

July 5, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the plaintiff/ counterclaim defendant and the third-party defendant for summary judgment dismissing the counter claims and the third-party complaint is granted.

In 1992 the third-party defendant, John M. Ferolito, and nonparty Domenick Vultaggio founded the defendant/ counterclaim plaintiff/third-party plaintiff Beverage Marketing USA, Inc. (hereinafter BMU). BMU...

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