`(FILED; NEW YORK COUNTY CLERK 03/08/202412:53PM
`INDEX NO. 190011/2024
`FILED: NEW YORK COUNTY CLERK 03/08/2024 12:53 PM
`
`
`
`
`
`
`NYSCI
`RECEIVED NYSCEF:
`EF DOC. NO. 65
`03/08/2024
`RECEIVED NYSCEF: 03/08/2024
`NYSCEF DOC. NO. 65
`
`SUPREME COURTOF THE STATE OF NEW YORK
`COUNTY OF NEW YORK.
`|eewn ee we ee eee ee eee ee ee we ee we eee eee eee ee xX
`DENNIS KILKENNY and PATRICIA KILKENNY,
`
`Plaintiffs,
`
`- against -
`
`All ACQUISITION, LLC, F/K/A AII ACQUISITION
`CORP., F/K/A ATHLONE INDUSTRIES,INC. F/K/A
`HOLLAND FURNACE COMPANY,etal.
`
`Defendants.
`=e eee e eee ee ee ewe ee ee ee ee ee ew ee er eee ee eee x
`
`NYCAL
`LA.S. Part 13
`(Silvera, A.)
`
`Index No. 190011/2024
`
`UNOPPOSED SUMMARY
`JUDGMENT MOTION AND
`ORDER —
`
`WHEREFORE,
`the Defendant, TOSHIBA AMERICA,
`INC.
`(incorrectly pled as
`“Toshiba America Inc.”) (hereinafter “Toshiba”’), requests summary judgment in the above-
`entitled action, pursuant to Civil Practice Law and Rules § 3212, dismissing the complaint and
`
`cross-claims against Toshiba, with prejudice, and after notice to all defendants there is no
`_
`i
`opposition,it is
`|
`
`ORDERED that all claims and cross claims against
`
`the defendant, TOSHIBA
`
`AMERICA,INC., are dismissed with prejudice and without costs.
`
`Dated: New York, New York
`2 {28
`2024
`
`The Early Law Firm, L.L.C.
`
`Wilson, Elser, Moskowitz, Edelman & Dicker LLP
`
`Mark Bibro, Esq.
`Matthew Park, Esq.
`Attorneysfor Plaintiffs
`The Early Law Firm, L.L.C.
`360 Lexington Avenue, 20" Floor
`New York, NY 10017
`
`.
`Jason Liam Schmolze
`Attorneysfor Defendant Toshiba America, Inc.
`Wilson Elser Moskowitz Edelman & Dicker LLP
`150 East 42"Street
`New York, New York 10017
`
`(he ;
`
`wane, et
`
`a
`Reese
`
`SO ORDERED,. *
`
`Honorable Adam Silvera,S.C.
`HAR -5 2024"
`
`261328083v.1
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`1 of 1
`1 of 1
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