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EMPIRE ONE TELECOM v. VERIZON

1074/09

26 Misc.3d 541 (2009)

2009 NY Slip Op 29428

888 N.Y.S.2d 714

EMPIRE ONE TELECOMMUNICATIONS, INC., Plaintiff, v. VERIZON NEW YORK, INC., Defendant.

Supreme Court, Kings County.

Decided October 22, 2009.

Attorney(s) appearing for the Case

Schlam Stone & Dolan, LLP, New York City (Andrew S. Harris of counsel), for defendant.

Goldberg & Rimberg, PLLC, New York City (Steven A. Weg of counsel), for plaintiff.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

In this action by plaintiff Empire One Telecommunications, Inc. alleging, inter alia, breach of an interconnection agreement, defendant Verizon New York, Inc. moves, pursuant to CPLR 3211 (a) (7), for an order dismissing the second, third, fourth, fifth, sixth, and ninth causes of action of Empire's complaint, and dismissing Empire's first cause of action and all other claims in Empire's complaint to the extent...

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