Buffalo Biodiesel, Inc. v Taj Mahal, Inc.
2016 NY Slip Op 06368 [142 AD3d 1375]
September 30, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 2, 2016


[*1]
 Buffalo Biodiesel, Inc., Appellant,
v
Taj Mahal, Inc., Respondent.

Law Office of Joseph G. Makowski, LLC, Buffalo (April J. Orlowski of counsel), for plaintiff-appellant.

Law Office of Andrew J. Stimson, Buffalo (Andrew J. Stimson of counsel) and Christopher D. Smith & Associates, Blasdell, for defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 19, 2015. The order and judgment, inter alia, granted that part of the motion of defendant seeking dismissal of the complaint.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Lindley, Curran and Troutman, JJ.