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LIFETIME TECH., INC. v. PORTABLES UNLIMITED, INC.

2018-11982. Index No. 700043/09.

191 A.D.3d 968 (2021)

139 N.Y.S.3d 545

2021 NY Slip Op 08175

Lifetime Technology, Inc., et al., Appellants, v. Portables Unlimited, Inc., et al., Respondents, et al., Defendants.

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

Decided February 24, 2021.

Attorney(s) appearing for the Case

Wang Law Office, PLLC, Flushing, NY ( Jean Wang of counsel), for appellants.

Certilman Balin Adler & Hyman, LLP, East Meadow, NY ( John H. Gionis of counsel), for respondent Portable Unlimited, Inc., sued herein as Portables Unlimited, Inc.

Wilmer Cutler Pickering Hale and Dorr, LLP, New York, NY ( Hallie B. Levin of counsel), for respondent T-Mobile USA, Inc.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed, with one bill of costs.

The plaintiffs commenced this action in 2009 against, among others, the defendants Portable Unlimited, Inc., sued herein as Portables Unlimited, Inc. (hereinafter Portable), and T-Mobile USA, Inc. (hereinafter T-Mobile), seeking, inter alia, to recover damages for breach of a wireless telecommunications products and services contract. In 2011, the Supreme Court issued an order staying all proceedings in the...

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