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MATTER OF EGATE-95, LLC v. FITNESS INTERNATIONAL, LLC

692 CA 22-00153.

208 A.D.3d 1638 (2022)

174 N.Y.S.3d 625

2022 NY Slip Op 05452

In the Matter of Egate-95, LLC, Appellant, v. Fitness International, LLC, Respondent. (Appeal No. 2.)

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

PHILLIPS LYTLE LLP, BUFFALO ( DAVID J. McNAMARA OF COUNSEL), FOR PETITIONER-APPELLANT.

KLEHR HARRISON HARVEY BRANZBURG, LLP, PHILADELPHIA, PENNSYLVANIA ( A. GRANT PHELAN , OF THE PENNSYLVANIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND MAGAVERN MAGAVERN GRIMM LLP, BUFFALO, FOR RESPONDENT-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed...

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