BARNEM CIRCULAR DISTRIBUTORS, INC. v. DISTRIBUTION SYSTEMS OF AMERICA, INC.


281 A.D.2d 576 (2001)

722 N.Y.S.2d 170

BARNEM CIRCULAR DISTRIBUTORS, INC., Plaintiff, and MICHAEL B. NEMETH, Respondent, v. DISTRIBUTION SYSTEMS OF AMERICA, INC., et al., Appellants, et al., Defendants.

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

Decided March 26, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants by the respondent, and the action against the remaining defendants is severed.

The plaintiffs Barnem Circular Distributors, Inc. (hereinafter Barnem) and Michael Barry Nemeth (hereinafter Nemeth) alleged that they contracted with the defendant Distribution Systems of America, Inc. (hereinafter...

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