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Germain v Ramirez Food Corp.
2006 NY Slip Op 50094(U) [10 Misc 3d 143(A)]
Decided on January 27, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 27, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Suarez, P.J., Davis, Gangel-Jacob, JJ
570716/04.

Wilner Germain, Plaintiff-Appellant,

against

Ramirez Food Corp., Defendant-Respondent.


Plaintiff appeals from a judgment of the Civil Court, New York County (Cynthia S. Kern, J.), entered May 27, 2004, after inquest, in favor of defendant dismissing the complaint.


PER CURIAM:

Judgment (Cynthia S. Kern, J.), entered May 27, 2004, affirmed, with $25 costs.

The endorsed complaint was properly dismissed since plaintiff sued the wrong party. The loan agreement sued upon concededly was with Christian Gonzalez, not with defendant Ramirez Food Corporation. We note that plaintiff sued the proper party (Gonzalez) in a prior action on a similar claim in which plaintiff obtained recovery (see Germain v Gonzalez, 2003 NY Slip Op 50603[U]).

This constitutes the decision and order of the court.
I concur


Decision Date: January 27, 2006