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EAST PORT EXCAVATING & UTILITIES v. LIPSKY ENTERPRISES, INC.

0014790/2004, Motion No.: 002-MOT D.

2008 NY Slip Op 32078 (U)

EAST PORT EXCAVATING & UTILITIES CONTRACTORS, INC., on behalf of itself and all other persons similarly situated as trust fund beneficiaries of Lien Law trusts of which LIPSKY ENTERPRISES, INC., is trustee, Plaintiffs, v. LIPSKY ENTERPRISES, INC., COMMACK UNION FREE SCHOOL DISTRICT, CAROLINA CASUALTY INSURANCE COMPANY, BARRY LIPSKY, ERIC LIPSKY, AND "JOHN DOE ONE" THROUGH "JOHN DOE TEN", Defendants.

Supreme Court of the State of New York, Suffolk County.

Motion Date: April 9, 2008.

Submitted: May 15, 2008.

Attorney(s) appearing for the Case

MARSHALL M. STERN, ESQ., Huntington Station, New York, Attorney for Plaintiff.

SINNREICH & KOSAKOFF LLP, Central Islip, New York, Attorneys for Defendants Lipsky Enterprises, Inc., Carolina Casualty Insurance Company, Barry Lipsky and Eric Lipsky.

ELIZABETH H. EMERSON, Judge.

Upon the following papers numbered 1 to 26 read on this motion for summary judgment; Notice of Motion and supporting papers 1-6; Notice of Cross Motion and supporting papers ___; Answering Affidavits and supporting papers 7-15; Replying Affidavits and supporting Papers 16-26; it is,

ORDERED that...

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