Broadway Warehouse Co. v Anderson
2019 NY Slip Op 03492 [172 AD3d 1899]
May 3, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 3, 2019


[*1]
  Broadway Warehouse Co., Appellant,
v
Brooks C. Anderson, Respondent.

Roach, Lennon & Brown, PLLC, Buffalo (J. Michael Lennon of counsel), for plaintiff-appellant.

Justin S. White, Williamsville, for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered April 16, 2018. The order granted the motion of defendant to dismiss the complaint.

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

Memorandum: We affirm for the reason stated at Supreme Court. We add only that, although we agree with plaintiff that defendant has mischaracterized plaintiff's claim as one to recover collection costs in enforcing an earlier judgment against defendant, any mischaracterization of plaintiff's claim does not warrant a different result. Present—Smith, J.P., Carni, Lindley, NeMoyer and Curran, JJ.