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FRANCIOSA v. FLORIDA CONCEPTS

Index No. 58733/2020.

73 Misc.3d 834 (2021)

2021 NY Slip Op 21291

ARTHUR FRANCIOSA, Plaintiff, v. FLORIDA CONCEPTS POOLS INC. et al., Defendants.

Supreme Court, Westchester County.

Decided October 28, 2021.

Attorney(s) appearing for the Case

Klein & Folchetti, P.C., Brewster ( Robert W. Folchetti of counsel), for Florida Concepts Pools Inc. and another, defendants.

Robert A. Peirce & Associates, White Plains ( Richard A. Salvato of counsel), for plaintiff.

Collins, Fitzpatrick & Schoene, LLP, White Plains ( Ralph F. Schoene of counsel), for Latham Pool Products Inc., defendant.

OPINION OF THE COURT

Plaintiff Arthur Franciosa commenced this action on August 18, 2020, naming as defendants Florida Concepts Pools Inc. and Latham Pool Products Inc., claiming that he had entered into a purchase sale agreement with both defendants for a particular "Pacific Blue" color of fiberglass pool, but...

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