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UMS SOLUTIONS, INC. v. BIOSOUND ESAOTE, INC.

2015-03234, Index No. 11590/10.

145 A.D.3d 833 (2016)

2016 NY Slip Op 08392

41 N.Y.S.3d 914

UMS SOLUTIONS, INC., Doing Business as UNIVERSAL ULTRASOUND, et al., Appellants, v. BIOSOUND ESAOTE, INC., et al., Defendants, and VETEL DIAGNOSTICS, INC., Respondent.

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

Decided December 14, 2016.

Ordered that the order entered January 22, 2015, is affirmed insofar as appealed from, with costs.

In August 2010, the plaintiffs commenced this action, inter alia, to recover damages for breach of contract against, among others, the defendants Jeff Fishel, Michael Collins, and Vetel Diagnostics, Inc. (hereinafter collectively the defendants). In an order entered October 9, 2012, the Supreme Court granted the defendants' motion pursuant to CPLR 3126 to strike the...

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