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The People of the State of New York, By Eric Schneiderman, Attorney General of the State of New York v. Frisco Marketing of Ny LLC

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


September 28, 2012

THE PEOPLE OF THE STATE OF NEW YORK, BY ERIC SCHNEIDERMAN, ATTORNEY GENERAL OF THE STATE OF NEW YORK,
PLAINTIFF-APPELLANT,
v.
FRISCO MARKETING OF NY LLC, DOING BUSINESS AS SMARTBUY AND SMARTBUY COMPUTERS AND ELECTRONICS, ET AL.,
DEFENDANTS, AND
WILLIAM COLLINS, INDIVIDUALLY AND AS AN OFFICER AND/OR DIRECTOR OF ROME FINANCE CO., INC., ROME FINANCE CO. (GA), LLC AND BRITLEE, INC., DOING BUSINESS AS MILITARY ZONE AND SMARTBUY,
DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), dated May 6, 2011.

People v Frisco Mktg. of Ny LLC

Decided on September 28, 2012

Appellate Division, Fourth Department

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.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

The order, insofar as appealed from, granted the motion of defendant William Collins to dismiss the complaint and dismissed the complaint against him.

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated against defendant William Collins, individually and in his corporate capacity (see People v Frisco Mktg. of NY LLC, 93 AD3d 1352).

Entered: September 28, 2012 Frances E. Cafarell Clerk of the Court

20120928

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