Ford Motor Credit Co. LLC v Mike Ognibene Ford, Inc.
2010 NY Slip Op 02265 [71 AD3d 1462]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Ford Motor Credit Company LLC, Appellant, v Mike Ognibene Ford, Inc., Formerly Known as Batavia Ford Lincoln Mercury, Inc., et al., Respondents.

—[*1] Phillips Lytle LLP, Buffalo (Craig A. Leslie of counsel), for plaintiff-appellant.

Colucci & Gallaher, P.C., Buffalo (Paul G. Joyce of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered March 6, 2009. The order, insofar as appealed from, denied plaintiff's motion to preclude defendants from introducing evidence at trial in support of their first and second counterclaims and to dismiss those counterclaims.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Peradotto, Lindley and Gorski, JJ.