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EASTON TELECOM SERVS., LLC v. GLOBAL CROSSING BANDWIDTH, INC.

CA 08-01806

2009 NY Slip Op 03555

EASTON TELECOM SERVICES, LLC, PLAINTIFF-APPELLANT, v. GLOBAL CROSSING BANDWIDTH, INC. AND DAVEL COMMUNICATIONS, INC., DEFENDANTS-RESPONDENTS. (AND A THIRD-PARTY ACTION.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 1, 2009.

Attorney(s) appearing for the Case

VANDEUSEN & WAGNER, LLC, CLEVELAND, OHIO, UNDERBERG & KESSLER LLP, ROCHESTER (RONALD G. HULL OF COUNSEL), FOR PLAINTIFF-APPELLANT. MICHAEL J. SHORTLEY, III, ROCHESTER, FOR DEFENDANT-RESPONDENT GLOBAL CROSSING BANDWIDTH, INC.

HAHN LOESER & PARKS LLP, CLEVELAND, OHIO (ARTHUR M. KAUFMAN, OF THE OHIO BAR, ADMITTED PRO HAC VICE, OF COUNSEL), FOR DEFENDANT-RESPONDENT DAVEL COMMUNICATIONS, INC.

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, PERADOTTO, and PINE, JJ.

It is hereby ORDERED that the order and judgment so appealed from is unanimously modified on the law by denying the cross motion with the exception of that part seeking summary judgment dismissing those claims against defendant Global Crossing Bandwidth, Inc. based on invoices with due dates before October 8, 2005 and reinstating the amended complaint with the exception of those claims against that defendant and reinstating the third-party complaint and as modified the order...

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