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WESTERMAN BALL EDERER MILLER & SHARFSTEIN, LLP v. ALLSTAR ELECS., INC.

2020-04306, 2020-06342. Index No. 603470/13.

217 A.D.3d 904 (2023)

191 N.Y.S.3d 675

2023 NY Slip Op 03374

Westerman Ball Ederer Miller & Sharfstein, LLP, Appellant, v. Allstar Electronics, Inc., Defendant, and Thomas Laviano, Respondent.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, named herein as Westerman Ball Ederer Miller & Sharfstein, LLP, Uniondale, NY (Jeffrey A. Miller and Michael E. Plannell of counsel), appellant pro se.

Rubin Law, PLLC, New York, NY (Denise A. Rubin of counsel), for respondent and defendant.

Iannacci, J.P., Miller, Dowling and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (Vito M. DeStefano, J.), entered May 6, 2020, and (2) a judgment of the same court entered August 10, 2020. The order, insofar as appealed from, granted that branch of the motion of the defendant Thomas Laviano which was for summary judgment dismissing the cause of action alleging breach of contract insofar as asserted against him...

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