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SALESCARE, INC. v. SEIU 1199 NATIONAL BENEFITS FUND

Index No. 101007/20 Appeal No. 1195 Case No. 2022-04336.

222 A.D.3d 465 (2023)

201 N.Y.S.3d 37

2023 NY Slip Op 06340

SalesCare, Inc., et al., Appellants, v. SEIU 1199 National Benefits Fund et al., Respondents, et al., Defendants.

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

Decided December 12, 2023.

Attorney(s) appearing for the Case

Bergstein & Ullrich, New Paltz ( Stephen Bergstein of counsel), for appellants.

Ian A. Weinberger , New York, for SEIU 199 National Benefit and 1199 SEIU Funds, respondents.

Kravet & Vogel, LLP, New York ( Joseph A. Vogel of counsel), for Auburn IT Resources, respondent.

Concur—Kern, J.P., Singh, Kennedy, Mendez, Rodriguez, JJ.

Order, Supreme Court, New York County (Louis L. Nock, J.), entered April 6, 2022, which, to the extent appealed from as limited by the briefs, granted the motions of defendant Auburn and defendants SEIU 1199 National Benefit Fund and 1199 SEIU Funds (collectively, SEIU Funds) to dismiss the first through fourth and sixth causes of action pursuant to CPLR 3211(a)(1) and (7), unanimously affirmed, without costs.

Plaintiff SalesCare entered into a contract with defendant...

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