Carrols LLC v Delfield Co., LLC
2022 NY Slip Op 02704 [204 AD3d 1445]
April 22, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2022


[*1]
 Carrols LLC, Appellant-Respondent,
v
Delfield Company, LLC, Respondent-Appellant.

Akerman LLP, Chicago, Illinois (Catherine A. Miller, of the Illinois Bar, admitted pro hac vice, of counsel), for plaintiff-appellant-respondent.

Rivkin Radler LLP, Uniondale (Merril S. Biscone of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered May 17, 2021. The order granted in part and denied in part the motion of defendant to dismiss various causes of action in the amended complaint.

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—Whalen, P.J., Smith, Peradotto, NeMoyer and Winslow, JJ.