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OKL HOLDINGS, INC v. ABERCROMBIE & FITCH STORES INC.

Index No. 651061/23, Appeal No. 1389, Case No. 2023-03183.

2024 NY Slip Op 00141

OKL HOLDINGS, INC, Plaintiff-Appellant-Respondent, v. ABERCROMBIE & FITCH STORES INC., Defendant-Respondent-Appellant.

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

Decided January 11, 2024.

Attorney(s) appearing for the Case

Gallett Dreyer & Berkey, LLP, New York ( Morrell I. Berkowitz of counsel), for appellant-respondent.

Crowell & Moring, New York ( Eric S. Aronson of counsel), for respondent-appellant.

Before: Kern, J.P., Oing, Singh, Kapnick, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J), entered June 20, 2023, which, insofar as appealed from as limited by the briefs, denied defendant's motion to dismiss the complaint and denied plaintiff's cross-motion for sanctions under 22 NYCRR § 130-1.1, unanimously modified, on the law, to grant the motion to dismiss, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly.

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