| Funk This Entertainment LLC v B.R. Guest, LLC |
| 2019 NY Slip Op 07704 [176 AD3d 593] |
| October 24, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Funk This Entertainment LLC, Doing Business as Venfino,
Respondent, v B.R. Guest, LLC, et al., Appellants. |
Yankwitt LLP, White Plains (Alicia A. Tallbe of counsel), for appellants.
Iaconis Fusco LLP, Malverne (Joseph P. Fusco of counsel), for respondent.
Order, Supreme Court, New York County (Melissa A. Crane, J.), entered on or about April 17, 2019, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
In light of court's September 21, 2018 preclusion order, summary judgment should have been granted as plaintiff would be unable to establish its case. Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.