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ISLAND ORDNANCE SYS., LLC v. AMERIMEX, INC.

2021-07599, Index No. 604583/20.

2024 NY Slip Op 00897

ISLAND ORDNANCE SYSTEMS, LLC, Appellant, v. AMERIMEX, INC., Respondent.

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

Decided February 21, 2024.

Attorney(s) appearing for the Case

Farrell Fritz, P.C., Uniondale, NY ( Franklin C. McRoberts and James R. Maguire of counsel), for appellant.

Ramone Law Firm, PLLC, White Plains, NY ( Simon Q. Ramone of counsel), for respondent.

Before: Angela G. Iannacci, J.P., Joseph J. Maltese, Linda Christopher, Laurence L. Love, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Sharon M.J. Gianelli, J.), entered October 4, 2021. The order denied the plaintiff's motion pursuant to CPLR 3211(a) to dismiss the defendant's second counterclaim.

ORDERED that the order is reversed, on the law, with costs, and the plaintiff's motion pursuant to CPLR 3211(a) to dismiss the defendant...

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