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KOLCHINS v. EVOLUTION MKT. INC.

Docket No. 653536/2012, Motion Seq. No. 003.

2013 NY Slip Op 31978(U)

ANDREW KOLCHINS, Plaintiff, v. EVOLUTION MARKETS INC., Defendants.

Supreme Court, New York County.

August 19, 2013.

August 22, 2013.

EILEEN BRANSTEN, J.

It is ordered that this motion is decided in Accordance with Accompanying Memorandum Decision.

Defendant Evolution Markets Inc. ("EvoMarkets") brings the instant motion seeking dismissal of the first two counts of Plaintiff Kolchins' three-count Complaint. EvoMarkets brings its motion under CPLR 3211(a)(1) and (a)(7). Plaintiff opposes. For the reasons that follow, EvoMarkets' motion is granted in part and denied in part.

I.

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