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COHEN v. LOVITT & TOUCHÉ, INC.

Nos. 2 CA-CV 2012-0063, 2 CA-CV 2012-0157.

308 P.3d 1196 (2013)

Jerrold COHEN, a married man; Melvin Zuckerman, a married man; and CR Operating, L.L.C., an Arizona limited liability company, Plaintiffs/Counterdefendants/Appellants, v. LOVITT & TOUCHÉ, INC., an Arizona corporation, Defendant/Counterclaimant/Appellee. Jerrold Cohen, a married man, Plaintiff/Counterdefendant/Appellant, v. Greenwich Insurance Company, a foreign corporation, Defendant/Counterclaimant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

September 6, 2013.

Attorney(s) appearing for the Case

Gabroy, Rollman & Bossé, P.C. By Richard M. Rollman, John Gabroy, and Richard A. Brown, Tucson, Attorneys for Plaintiffs/Counterdefendants/Appellants.

Sanders & Parks, P.C. By Garrick L. Gallagher, Jasmina Richter, and Shanks Leonhardt, Phoenix, Attorneys for Defendants/Counterclaimants/Appellees.

OPINION

ECKERSTROM, Judge.

¶ 1 Appellants Jerrold Cohen, Melvin Zuckerman, and CR Operating, L.L.C. (Cohen and Zuckerman), appeal from the trial court's grant of summary judgment in favor of appellee Lovitt & Touché, Inc. (Lovitt). For the following reasons, we vacate the court's order and remand for proceedings consistent with this decision.

Factual and Procedural Background

¶ 2 In reviewing a trial court's grant...

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