PDK LABS, INC., ap, v. G.M.G. TRANS WEST CORP. res

PDK LABS, INC., ap, v. G.M.G. TRANS WEST CORP. res — (INDEX NO. 10859/10)In an action, inter alia, to recover damages for conversion, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated December 16, 2010, as denied its application for leave to enter judgment against the defendants G.M.G. Trans West Corp., Edmund Giza, and John Coviello on the issue of liability, upon their defaults in appearing or answering, granted those branches of the defendants' cross motion which were to vacate the defaults of the defendants G.M.G. Trans West Corp., Edmund Giza, and John Coviello in appearing or answering the complaint, to extend the time for those defendants to appear and answer pursuant to CPLR 2004 and 3012(d), and to dismiss the complaint pursuant to CPLR 3211(a) insofar as asserted against the defendants Edmund Giza, John Coviello, and Ronald Horowitz for failure to state a cause of action, and denied, as academic, its motion pursuant to CPLR 306-b to extend the time to serve the summons and complaint upon the defendant Ronald Horowitz.

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PDK LABS, INC., ap, v. G.M.G. TRANS WEST CORP. res — (INDEX NO. 10859/10)In an action, inter alia, to recover damages for conversion, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated December 16, 2010, as denied its application for leave to enter judgment against the defendants G.M.G. Trans West Corp., Edmund Giza, and John Coviello on the issue of liability, upon their defaults in appearing or answering, granted those branches of the defendants’ cross motion which were to vacate the defaults of the defendants G.M.G. Trans West Corp., Edmund Giza, and John Coviello in appearing or answering the complaint, to extend the time for those defendants to appear and answer pursuant to CPLR 2004 and 3012(d), and to dismiss the complaint pursuant to CPLR 3211(a) insofar as asserted against the defendants Edmund Giza, John Coviello, and Ronald Horowitz for failure to state a cause of action, and denied, as academic, its motion pursuant to CPLR 306-b to extend the time to serve the summons and complaint upon the defendant Ronald Horowitz.

ORDERED that on the Court’s own motion, the notice of appeal from so much of the order as denied the plaintiff’s application for leave to enter judgment against the defendants G.M.G. Trans West Corp., Edmund Giza, and John Coviello on the issue of liability, upon their defaults in appearing or answering, is treated as an application for leave to appeal, and leave to appeal from that portion of the order is granted (see CPLR 5701[c]); and it is further,

PDK LABS, INC., ap, v. G.M.G. TRANS WEST CORP. res

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