QEDI'S CORP. v. 3 BROS. PIZZA CAFÉ, INC.

2017-01633, Index No. 14246/13.

176 A.D.3d 1131 (2019)

110 N.Y.S.3d 423

2019 NY Slip Op 07632

Qedi's Corp., Appellant, v. 3 Brothers Pizza Café, Inc., et al., Respondents.

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

Decided October 23, 2019.


Attorney(s) appearing for the Case

Robert Vadnais , P.C., Huntington Station, NY, for appellant.

Sahn Ward Coschignano, PLLC, Uniondale, NY ( Ralph Branciforte and Christian Browne of counsel), for respondents.

Chambers, J.P., Roman, Cohen and Duffy, JJ., concur.


Ordered that the judgment is affirmed, with costs.

In early 2013, the defendant Hamdi Astafovic opened for business the defendant restaurant, 3 Brothers Pizza Café, Inc. (hereinafter Pizza Café), in Farmingdale. Astafovic had been operating a restaurant, also known as 3 Brothers Pizza Café, in Rockville Centre for approximately six years before he closed that restaurant and opened Pizza Café. Pizza Café is located approximately 1.5 miles from...

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