Liberty Warranty Corp. v Fuccillo Auto. Group, Inc.
2022 NY Slip Op 05400 [208 AD3d 1591]
September 30, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2022


[*1]
 Liberty Warranty Corporation, Doing Business as Lawley Automotive Dealership Solutions, Inc., Plaintiff,
v
Fuccillo Automotive Group, Inc., Defendant. Fuccillo Automotive Group, Inc., Appellant, v Liberty Warranty Corporation, Doing Business as Lawley Automotive Dealership Solutions, Inc., et al., Respondents, et al., Defendants.

Bellavia Blatt, P.C., Mineola (Steven H. Blatt of counsel), for plaintiff-appellant.

Barclay Damon LLP, Buffalo (Sarah A. O'Brien of counsel), for defendant-respondent Liberty Warranty Corporation, Doing Business as Lawley Automotive Dealership Solutions, Inc.

Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered April 22, 2021. The order granted in part the motion of defendants-respondents to dismiss the complaint of plaintiff-appellant.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Whalen, P.J., Smith, Centra, Peradotto and NeMoyer, JJ.