| Lifcare USA, LLC v First Niagara Fin. Group |
| 2017 NY Slip Op 03380 [149 AD3d 1589] |
| April 28, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lifcare USA, LLC, Respondent, v First Niagara Financial Group, Appellant. |
Hodgson Russ LLP, Buffalo (Stephen W. Kelkenberg of counsel), for defendant-appellant.
Webster Szanyi LLP, Buffalo (Andrew Miller of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 8, 2016. The order denied in part defendant's motion to dismiss plaintiff's amended complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Peradotto, J.P., Carni, Lindley, Troutman and Scudder, JJ.