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SMART PAY CHECK CASHING CORP. v. ACTION CHECK CASHING CORP.

QTS 300374/10.

2012 NY Slip Op 51222(U)

SMART PAY CHECK CASHING CORP., Plaintiff, v. ACTION CHECK CASHING CORP., Defendant.

Civil Court of the City of New York, Queens County.

Decided July 2, 2012.

Attorney(s) appearing for the Case

Smart Pay Check Cashing Corporation, Michal Gasparski, Esq. , 30 Barstow Road, Suite LL2, Great Neck, NY 11021, Attorney for the Plaintiff.

Action Check Cashing Corporation, Robert M. Milner, Esq. , Robinson Brog Leinwand , Greene Genovese & Gluck, P.C., 875 Third Ave. 9th Floor, New York, NY 10022-0123, Attorney for the Defendant.

JAMES E. D'AUGUSTE, J.

Defendant Action Check Cashing Corporation ("Action") moves for summary judgment dismissing the complaint's sole cause of action for breach of contract.1 Plaintiff Smart Pay Check Cashing Corporation ("Smart") cross-moves for summary judgment on the issue of liability. For the reasons set forth below, Action's motion is granted and Smart's cross-motion is denied.

Factual Background

Non-party...

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