Banco Popular North America v. Philian Designs LLC

*369Judgment, Supreme Court, New York County (Richard B. Lowe, III, J.), entered September 11, 2007, awarding petitioner the principal sum of $500,000, unanimously reversed, on the law, with costs, the judgment vacated and the matter remanded for further proceedings consistent herewith. Appeal from order, same court and Justice, entered April 23, 2007, which, upon renewal and reargument of prior order granting the petition and denying the cross motion to dismiss the petition, adhered to its determination, unanimously dismissed as subsumed in appeal from the judgment.

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