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MAURO PENNISI, INC. v. POOSPATUCK CULTURAL FOUND., INC.

2022-07305, Index No. 8420/14.

2024 NY Slip Op 02532

MAURO PENNISI, INC., Respondent, v. POOSPATUCK CULTURAL FOUNDATION, INC., ET AL., Defendants, POOSPATUCK SMOKE SHOP, ET AL., Appellants.

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

Decided May 8, 2024.

Attorney(s) appearing for the Case

Scott Lockwood , Deer Park, NY, for appellants.

John L. Juliano, P.C., East Northport, NY ( Jonathan C. Juliano of counsel), for respondent.

Before: Colleen D. Duffy, J.P., Paul Wooten, William G. Ford, Janice A. Taylor, JJ.

DECISION & ORDER

In an action, in effect, to recover damages for breach of contract and on an account stated, the defendants Poospatuck Smoke Shop and Harry Wallace appeal from an order of the Supreme Court, Suffolk County (James Hudson, J.), dated August 12, 2022. The order denied those defendants' motion for summary judgment dismissing the complaint insofar as asserted against them as time-barred.

ORDERED that the order is affirmed, with costs.

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