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HARVARD STEEL SALES, LLC v. BAIN

Index No. 451398/19. Appeal No. 13757. Case No. 2020-03413.

194 A.D.3d 407 (2021)

143 N.Y.S.3d 193

2021 NY Slip Op 02742

Harvard Steel Sales, LLC, Appellant, v. Daniel Bain, Respondent.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Garvey Law PC, Buffalo ( Matthew J. Garvey of counsel), for appellant.

Goldberg Segalla LLP, Buffalo ( Anthony M. Kroese of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.

The motion court improvidently dismissed this action under CPLR 3211(a)(4), in favor of a previously-filed federal action brought by defendant Daniel Bain's companies, Galvstar Holdings LLC and DSB Holdings LLC, against plaintiff Harvard Steel Sales, LLC (Harvard) and Harvard's owner, Jeremy Jacobs. There is not a substantial identity of claims between the two actions. While both actions involve the same steel-galvanizing agreement, this action relates to Bain's alleged fraudulent...

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