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BRUMMER v. RED RABBIT, LLC

14731, 652565/12

127 A.D.3d 438 (2015)

7 N.Y.S.3d 92

2015 NY Slip Op 02912

JOHN BRUMMER, Appellant-Respondent, v. RED RABBIT, LLC, et al., Respondents-Appellants.

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

Decided April 7, 2015.

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about July 28, 2014, which granted defendants' motion for summary judgment dismissing the complaint and plaintiff's cross motion for summary judgment dismissing the counterclaim, unanimously affirmed, without costs.

The complaint alleges that defendant Rhys Powell was a patient of plaintiff John Brummer, a podiatrist. In 2005, Powell formed defendant Red Rabbit, LLC to provide healthy lunches...

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