Excel Graphics Technologies v CFG/AGSCB 75 Ninth Avenue

Excel Graphics Tech. v CFG/AGSCB 75 Ninth Ave. 2003 NYSlipOp 18420 Decided on November 18, 2003 Appellate Division, First 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.

Decided on November 18, 2003
Tom, J.P., Sullivan, Rosenberger, Gonzalez, JJ.
1322N

[*1]Excel Graphics Technologies, Inc., Plaintiff-Respondent,

v

CFG/AGSCB 75 Ninth Avenue, L.L.C., Defendant-Appellant.




Sharyn A. Tritto
Menachem J. Kastner

Order, Supreme Court, New York County (Marcy Friedman, J.), entered on or about October 28, 2002, reversed, on the law, with costs and disbursements, defendant's cross motion to dismiss the complaint granted, plaintiff's motion dismissed as academic and the Yellowstone injunction vacated, effective 10 days after service of a copy of this order with notice of entry. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Opinion by Sullivan, J. All concur.

Order filed.