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AM COSMETICS, INC. v. SOLOMON

No. 97 Civ. 6015(RCC).

67 F.Supp.2d 312 (1999)

AM COSMETICS INC., a Delaware Corporation, and R.H. Cosmetics Corporation, A New York Corporation, Plaintiffs, v. Richard SOLOMON, Individually, Myra Smolev, (a/k/a) Myra Solomon, Individually and Doing Business as Myra Smolev Consulting, Sydra Smolev, Individually, and Just Having Fun, Inc., Defendants/Third Party Plaintiffs, v. Harry Smith, Third Party Defendant.

United States District Court, S.D. New York.

September 23, 1999.

Attorney(s) appearing for the Case

William J. Wolf, Bathgate, Wegener & Wolf, Lakewood, NJ, for plaintiffs.

Maxine H. Neuhauser, Epstein Becker & Green, PC, Newark, NJ, for defendants.

MEMORANDUM AND ORDER

CASEY, District Judge.

Before the Court is Defendants/Third Party Plaintiffs' motion for partial summary judgment dismissing Counts Three through Seventeen of the Complaint and granting affirmative relief on Counts One, Two, Eight and Fifteen of their Counterclaim. For the reasons set forth below, Defendants' motion is denied.

BACKGROUND

On December 3, 1996, Plaintiff AM Cosmetics (hereinafter AM) purchased all...

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