NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
January 29, 2009
JUSTIN MITCHELL, PLAINTIFF-APPELLANT,
FBM, LLC, DEFENDANT-RESPONDENT.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 22, 2008, which denied, with leave to renew, plaintiff's motion for summary judgment on his first cause of action seeking a declaration that defendant is the successor in interest or alter corporate entity to nonparty Fidelity Borrowing, LLC, unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Saxe, J.P., Friedman, Nardelli, Sweeny, DeGrasse, JJ.
The court correctly found that plaintiff's motion, brought before discovery had begun, was premature.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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