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TORAIN v. AG-METROPOLITAN LLC

2226-17.

58 Misc.3d 408 (2017)

64 N.Y.S.3d 495

2017 NY Slip Op 27385

ALBERT TORAIN et al., Plaintiffs, v. AG-METROPOLITAN 711 STEWART AVENUE, LLC, et al., Defendants.

Supreme Court, Nassau County.

Decided November 15, 2017.

Attorney(s) appearing for the Case

Duval & Stachenfeld LLP, New York City ( Russell Gallaro of counsel), for AG-Metropolitan 711 Stewart Avenue, LLC, defendant.

Goldberg Segalla LLP, Garden City ( Alexi T. Poulianos of counsel), for BJ's Wholesale Club, Inc., defendant.

Cellino & Barnes, P.C., Melville ( David E. Silverman of counsel), for plaintiffs.

OPINION OF THE COURT

The motion by the defendant AG-Metropolitan 711 Stewart Avenue, LLC pursuant to CPLR 3211 (a) (1) and 22 NYCRR subpart 130-1 to dismiss the complaint and for sanctions for frivolous conduct is granted. The complaint is dismissed as to this defendant, and a hearing will be held to determine the...

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