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MANHATTAN TELECOM. CORP. v. H & A LOCKSMITH, INC.

4683, 100970/08-3482.

109 A.D.3d 699 (2013)

974 N.Y.S.2d 1

2013 NY Slip Op 5764

MANHATTAN TELECOMMUNICATIONS CORPORATION, Respondent, v. H & A LOCKSMITH, INC., et al., Defendants, and ARIQ VANUNU, Appellant.

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

Decided September 3, 2013.

In our decision entered March 31, 2011, we noted that the verified complaint alleged a contract for plaintiff to perform telephone services for defendants for a stated fee, and defendants' failure to pay (82 A.D.3d 674). We further noted that the complaint did not allege that appellant was a party to the contract individually, so as to bind him to its terms. Thus, we held that because of plaintiff's failure to comply with CPLR 3215 (f)...

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