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CORTAZAR v. TOMASINO

2019-09931. Index No. 701692/14.

211 A.D.3d 677 (2022)

2022 NY Slip Op 06904

James Cortazar, Individually and Derivatively on Behalf of Jackson Bounty LLC, et al., Appellants, v. Vincent Tomasino, Jr., et al., Respondents, et al., Defendants.

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

Decided December 7, 2022.

Attorney(s) appearing for the Case

Courtney A. Bihn , New York, NY, for appellants.

White, Cirrito, Nally & Lynch, LLP, Hempstead, NY ( Christopher M. Lynch and Ruskin Moscou Faltischek, P.C. [ Jonathan C. Sullivan ], of counsel), for respondents.

Barros, J.P., Zayas, Ford and Taylor, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Queens County (Leonard Livote, J.), dated June 28, 2019. The order, insofar as appealed from, granted those branches of the motion of the defendants Vincent Tomasino, Jr., Jackson Bounty, LLC, and 27-51 Jackson Ave., LLC, which were for summary judgment dismissing the first and fourth causes of action insofar as asserted against the defendant Vincent...

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