Feinberg v. Federated Department Stores, Inc.

OPINION OF THE COURT

Martin Shulman, J.

Defendant Federated Department Stores, Inc. moves for summary judgment to dismiss the complaint alleging two causes of action for breach of contract and deceptive trade practices. Plaintiff Herbert Feinberg, as assignee of the claims of LA Alliance, Inc., formerly known as I. Appel Corp., opposes the motion. Federated also cross-moves to strike the affidavit of Donald Freeman annexed as exhibit I to plaintiff’s counsel’s affirmation in opposition or, alternatively, to reopen discovery to take Freeman’s deposition. Plaintiff similarly opposes the cross…