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JOSEF'S ORGANIC CORP. v. EQUIPMENT RELOCATION SERVS. INC.

34185/08

2009 NY Slip Op 51000(U)

JOSEF'S ORGANIC CORP. D/B/A JOSEF'S GLUTEN-FRE-EE, Plaintiff, v. EQUIPMENT RELOCATION SERVICES INC. A/K/A ERS INC. OF ILLINOIS AND DOUGLAS ROYER, Defendants.

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

Decided May 22, 2009.

Attorney(s) appearing for the Case

Michelle Hauser, Esq., Noel W. Hauser and Associates, New York, NY, for Plaintiff.

Kevin M. Knab, Esq., Eric M. Berman, P.C., Babylon, NY, for Defendant.

CAROLYN E. DEMAREST, J.

Defendants Equipment Relocation Services, Inc. a/k/a ERS Inc. of Illinois (ERS) and Douglas Royer move pursuant to CPLR 3211(a)(8) for lack for jurisdiction and CPLR 3211(a)(7) for failure to state a cause of action. For the reasons set forth below defendants' motion to dismiss for lack of personal jurisdiction is denied but defendants' motion to dismiss the fraud claim against defendant Royer is granted.

Background

ERS is...

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