Buyer's First Choice, Inc. v Simme
2013 NY Slip Op 04133 [107 AD3d 1385]
June 7, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


Buyer's First Choice, Inc., Doing Business as 2.5 % Real Estate Direct, Appellant,
v
Joanne Simme, Also Known as Joanne Simme-Good, Doing Business as Good Choice, Respondent. (Appeal No. 2.)

—[*1] Michael Rakowski, Depew, for plaintiff-appellant.

Weiss & Detig, Grand Island (Norton T. Lowe of counsel), for defendant-respondent.

Appeal from an order of the Erie County Court (Thomas P. Franczyk, J.), entered January 23, 2012. The order denied the motion of plaintiff to dismiss defendant's amended answer and second amended answer.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Buyer's First Choice, Inc. v Simme (107 AD3d 1384 [2013]). Present—Smith, J.P., Fahey, Sconiers, Valentino and Whalen, JJ.