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BURGERS BAR FIVE TOWNS, LLC v. BURGER HOLDINGS CORP.

2011-09953, Index No. 600057/08.

118 A.D.3d 657 (2014)

987 N.Y.S.2d 410

2014 NY Slip Op 3970

BURGERS BAR FIVE TOWNS, LLC, Respondent-Appellant, v. BURGER HOLDINGS CORP., Also Known as BURGERS HOLDING, INC., et al., Appellants-Respondents.

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

Decided June 4, 2014.

Ordered that the judgment is modified, on the law, by adding provisions thereto severing the defendants' counterclaims and severing the plaintiff's causes of action alleging breach of contract based upon the defendants' delivery of meat to the plaintiff in nonrefrigerated trucks and their lack of authority to assign a certain logo; as so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted...

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