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FEW SPIRITS v. UB DISTRIBS., LLC

Index No. 653212/19. Appeal No. 13249. Case No. 2020-01404.

192 A.D.3d 418 (2021)

139 N.Y.S.3d 813

2021 NY Slip Op 01322

Few Spirits, Appellant, v. UB Distributors, LLC, Respondent.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Garbarini & Scher, P.C., New York ( William D. Buckley of counsel), and Howard & Howard PLLC, Royal Oak, MI ( Michael O. Fawaz of the bar of the State of Illinois and State of Michigan, admitted pro hac vice, of counsel), for appellant.

Lawson & Weitzen, LLP, New York ( Joshua M. D. Segal of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

First, the motion court properly converted the motion to dismiss into a motion for summary judgment because plaintiff requested such treatment and the motion presented only issues of law and not issues of fact (Four Seasons Hotels v Vinnik, 127 A.D.2d 310, 320 [1st Dept 1987]; see also Mihlovan v Grozavu, 72 N.Y.2d 506, 508 [1988]). Additionally, the court correctly found that the contract...

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