Appellate Division of the Supreme Court of the State of New York January 20, 2011 (Gizara v. New York Times Co.)

Mercure, J.E

Cross appeals from an order of the Supreme Court (Catena, J.), entered April 1, 2010 in Montgomery County, which partially granted defendant’s motion to dismiss the complaint.

Plaintiff Paul H. Gizara is a consultant who, during the relevant time periods, provided sales tax recovery services in his role as president and sole shareholder of plaintiff Gizara Group, Inc.