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K&S OF N.Y. v. SUSHI OF NAO

8 Misc.3d 41 (2005)

K&S OF NEW YORK CORP., Respondent, v. SUSHI OF NAO INTERNATIONAL, INC., et al., Defendants and Third-Party Plaintiffs-Appellants. ALLYN & FORTUNA et al., Third-Party Defendants-Respondents.

Supreme Court, Appellate Term, First Department.

April 7, 2005.

Attorney(s) appearing for the Case

Rosen Preminger & Bloom, New York City (Paula G.A. Ryan of counsel), for defendants and third-party plaintiffs-appellants.

Allyn & Fortuna LLP, New York City (Christopher P. Milazzo of counsel), for K&S of New York Corp. and another, respondents.

Housman & Hellman, LLP, New York City (Brett G. Canna of counsel), for Allyn & Fortuna third-party defendants-respondents.

SUAREZ, P.J., McCOOE and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered September 28, 2000, insofar as appealed from, reversed, without costs, and matter remitted to Civil Court for an evidentiary hearing on defendants' motion to disqualify the firm of Allyn & Fortuna from further representation of the plaintiff.

Order entered November 1, 2001 modified to deny plaintiff's motion for summary judgment on the complaint in the main...

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