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Frank Parlato, Jr., Individually and As v. Incredible Investments Limited

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 13, 2009

FRANK PARLATO, JR., INDIVIDUALLY AND AS MANAGER OF ONE NIAGARA, LLC AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP., AND WHITESTAR DEVELOPMENT CORP., AS MEMBER OF ONE NIAGARA, LLC,
PLAINTIFFS-RESPONDENTS,
v.
INCREDIBLE INVESTMENTS LIMITED, SHMUEL SHMUELI, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

Appeals from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered August 7, 2008.

1271

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND GORSKI, JJ.

ORDER

(APPEAL NO. 3.)

The order granted the motions of defendants-appellants to vacate a preliminary injunction unless plaintiffs posted an undertaking on or before a certain date.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Patricia L. Morgan Clerk of the Court

20091113

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