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TRANSCAN SYS., INC. v. SELDAT DISTRIB., INC.

2020-03342. Index No. 512741/19.

209 A.D.3d 911 (2022)

177 N.Y.S.3d 252

2022 NY Slip Op 05881

Transcan Systems, Inc., Appellant, v. Seldat Distribution, Inc., et al., Respondents.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Rich, Intelisano & Katz, LLP, New York, NY ( Joseph A. Gershman and Daniel J. Swayze of counsel), for appellant.

Connolly, J.P., Christopher, Ford and Dowling, JJ., concur.

In an action, inter alia, to recover damages for breach of contract and fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Leon Ruchelsman, J.), dated January 21, 2020. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss...

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