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BROADWAY WAREHOUSE CO. v. BUFFALO BARN BD., LLC

702 CA 15-02040.

143 A.D.3d 1238 (2016)

2016 NY Slip Op 06567

39 N.Y.S.3d 555

BROADWAY WAREHOUSE COMPANY, Appellant-Respondent, v. BUFFALO BARN BOARD, LLC, Defendant, and EMPIRE BUILDING DIAGNOSTICS, INC., et al., Respondents-Appellants.

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

Decided October 7, 2016.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in its entirety, and as modified the order is affirmed without costs.

Memorandum: Plaintiff, Broadway Warehouse Company, and defendants Empire Building Diagnostics, Inc. (Empire), EBD Management, LLC (EBD), and David R. Pfalzgraf, Jr., appeal from an order that denied plaintiff's motion for partial summary judgment on the second cause of action in the consolidated...

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