New York Supreme and/or Appellate Courts Appellate Division, First Department
February 2, 2012
BDO SEIDMAN LLP,
STRATEGIC RESOURCES CORPORATION, ET AL.,
DEFENDANTS-APPELLANTS. PHOENIX FOUR, INC., NONPARTY RESPONDENT.
BDO Seidman LLP v Strategic Resources Corp.
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.
Decided on February 2, 2012
Mazzarelli, J.P., Friedman, Catterson, Renwick, Roman, JJ.
Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered October 4, 2010, insofar as appealed from, enforcing an oral agreement among the parties and nonparty Phoenix Four, Inc., unanimously reversed, on the law, without costs, and the judgment vacated.
We vacate the judgment because we dismissed this action on a prior appeal (70 AD3d 556 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 2, 2012
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