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SHMALTZ BREWING CO., LLC v. DOG CART MGT. LLC

533250.

202 A.D.3d 1349 (2022)

163 N.Y.S.3d 659

2022 NY Slip Op 01086

Shmaltz Brewing Company, LLC, Respondent, v. Dog Cart Management LLC et al., Appellants, et al., Defendant.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Waite & Associates, PC, Slingerlands (Stephen J. Waite of counsel), for appellants.

Harris, Conway & Donovan, PLLC, Albany (Ryan T. Donovan of counsel), for respondent.

Garry, P.J., Egan Jr. and Colangelo, JJ. concur.

Plaintiff, a craft beer brewery, and defendant Dog Cart Management LLC, an operator of a comedy club, entered into a contract relating to the licensing of plaintiff's trademark at a tasting room that was to be operated by Dog Cart but had yet to be opened. The tasting room, however, never officially opened. Plaintiff commenced this action...

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