TUSCAN/LEHIGH DAIRIES, INC., plfap, v. BEYER FARMS, INC., DEFENDANT THIRD-PARTY PLAINTIFF- res; DEAN FOODS COMPANY, THIRD-PARTY def-ap

TUSCAN/LEHIGH DAIRIES, INC., plfap, v. BEYER FARMS, INC., DEFENDANT THIRD-PARTY PLAINTIFF- res; DEAN FOODS COMPANY, THIRD-PARTY def-ap — (INDEX NO. 700994/13)In an action, inter alia, to recover damages for breach of contract, (1) the plaintiff and the third-party defendant appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated June 7, 2013, as denied that branch of their motion which was pursuant to CPLR 3211(a)(1) and (7) to dismiss the defendant thirdparty plaintiff's counterclaims and the third-party complaint, and (2) the plaintiff appeals from an order of the same court dated October 8, 2013, which denied that branch of its motion which was for summary judgment on the complaint.

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TUSCAN/LEHIGH DAIRIES, INC., plfap, v. BEYER FARMS, INC., DEFENDANT THIRD-PARTY PLAINTIFF- res; DEAN FOODS COMPANY, THIRD-PARTY def-ap — (INDEX NO. 700994/13)In an action, inter alia, to recover damages for breach of contract, (1) the plaintiff and the third-party defendant appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated June 7, 2013, as denied that branch of their motion which was pursuant to CPLR 3211(a)(1) and (7) to dismiss the defendant thirdparty plaintiff’s counterclaims and the third-party complaint, and (2) the plaintiff appeals from an order of the same court dated October 8, 2013, which denied that branch of its motion which was for summary judgment on the complaint.

ORDERED that the order dated June 7, 2013, is reversed insofar as appealed from, on the law, and that branch of the motion of the plaintiff and the third-party defendant which was pursuant to CPLR 3211(a)(1) and (7) to dismiss the defendant thirdparty plaintiff’s counterclaims and the third-party complaint is granted; and it is further,

TUSCAN/LEHIGH DAIRIES, INC., plfap, v. BEYER FARMS, INC., DEFENDANT THIRD-PARTY PLAINTIFF- res; DEAN FOODS COMPANY, THIRD-PARTY def-ap

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