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FITNESS INST., INC. v. HALLAC

1094 CA 19-01252.

189 A.D.3d 2136 (2020)

134 N.Y.S.3d 888

2020 NY Slip Op 07788

The Fitness Institute, Inc., Doing Business as Fitness Institute and Pilates Studio, Respondent, v. Ismet Hallac, Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

GROSS SHUMAN P.C., BUFFALO ( JOHN K. ROTTARIS OF COUNSEL), FOR DEFENDANT-APPELLANT.

TRONOLONE & SURGALLA, P.C., BUFFALO ( JOHN B. SURGALLA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this breach of contract action as Fitness Institute and Pilates Studio, Inc. and subsequently moved for leave to amend the caption of the summons and complaint to designate plaintiff by its correct corporate name, The Fitness Institute, Inc., doing business as Fitness Institute and Pilates Studio. Defendant appeals from an order that granted...

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