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New York Merchants Protective Co., Inc v. 1363 Old Northern Restaurant

April 11, 2011

NEW YORK MERCHANTS PROTECTIVE CO., INC.,
APPELLANT,
v.
1363 OLD NORTHERN RESTAURANT, INC. AND LINDA FALCO,
RESPONDENTS.



Appeal from an order of the District Court of Nassau County, Second District (Michael A. Ciaffa, J.), entered February 23, 2009.

New York Merchants Protective Co., Inc. v 1363 Old N. Rest., Inc.

Decided on April 11, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: MOLIA, J.P., TANENBAUM and LaCAVA, JJ

The order denied a petition to confirm an arbitration award and dismissed the proceeding.

ORDERED that the order is affirmed, without costs.

For the reasons stated in New York Merchants Protective Co., Inc. v Yolanda Rojas (___ Misc 3d ___, 2011 NY Slip Op ___ [Appeal No.

Molia, J.P., and LaCava, J., concur.

Tanenbaum, J., concurs in a separate memorandum.

Tanenbaum, J., concurs in the following memorandum:

I concur for the reasons stated in my concurrence in New York Merchants Protective Co., Inc. v Yolanda Rojas (___ Misc 3d ___, 2011 NY Slip Op ___ ...


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