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GOALTEX CORP. v. ASSN FOR THE BLIND

600407/13

43 Misc.3d 344 (2014)

979 N.Y.S.2d 481

2014 NY Slip Op 24007

GOALTEX CORP., Plaintiff, v. ASSOCIATION FOR THE BLIND AND VISUALLY IMPAIRED — GOOD WILL INDUSTRIES OF ROCHESTER, INC., Defendant.

Supreme Court, Nassau County.

Decided January 6, 2014.

Attorney(s) appearing for the Case

Pirrello, Missal, Personte & Feder, Rochester ( Steven E. Feder of counsel), for defendant.

Zane & Rudofsky, New York City ( Edward S. Rudofsky of counsel), for plaintiff.

OPINION OF THE COURT

DANIEL PALMIERI, J.

The motion by the defendant pursuant to CPLR 3212 for summary judgment is granted and the complaint is dismissed.

The cross motion by the plaintiff pursuant to CPLR 3212 for summary judgment and to amend the case caption to reflect the correct name of the defendant is denied in its entirety.

In this breach of contract case the plaintiff Goaltex Corp. alleges in its complaint that on or about October...

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