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CALABRESE BAKERIES, INC. v. ROCKLAND BAKERY, INC.

513542.

102 A.D.3d 1033 (2013)

2013 NY Slip Op 367

CALABRESE BAKERIES, INC., Individually and in the Name of and for the Benefit of B.M. BAKING COMPANY, INC., et al., Appellants-Respondents, v. ROCKLAND BAKERY, INC., et al., Respondents-Appellants.

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

Decided January 24, 2013.

Egan Jr., J.

Plaintiff Joseph A. Melino is the president of plaintiff Calabrese Bakeries, Inc., a wholesale and retail bakery distributor. Calabrese began as a small retail operation in Rensselaer County that sold baked goods provided by defendant Rockland Bakery, Inc. In June 2002, Melino and Rockland's president, defendant Ignazio "Salvatore" Battaglia, entered into a contract, pursuant to the terms of which the parties agreed to form a new corporation, plaintiff...

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