Ford Motor Credit Co. LLC v McCarthy Acquisition Corp.
2023 NY Slip Op 03573 [217 AD3d 1480]
June 30, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 9, 2023


[*1]
 Ford Motor Credit Company LLC, Formerly Known as Ford Motor Credit Company, Appellant,
v
McCarthy Acquisition Corporation, Doing Business as McCarthy Ford, et al., Defendants, and Automotive Fleet Leasing Services, Inc., Doing Business as Automotive Fleet Leasing Co., et al., Respondents. (Action No. 1.) Thomas J. Pieroni et al., Respondents, et al., Plaintiffs, v Ford Motor Credit Company LLC, Formerly Known as Ford Motor Credit Company, Appellant. (Action No. 2.) (Appeal No. 1.)

Mauro Lilling Naparty LLP, Woodbury (Richard J. Montes of counsel), for plaintiff-appellant and defendant-appellant.

Hodgson Russ LLP, Buffalo (Aaron M. Saykin of counsel), for defendants-respondents and plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered March 2, 2022. The order, inter alia, denied the motion of Ford Motor Credit Company LLC, formerly known as Ford Motor Credit Company to, inter alia, set aside the jury verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Ford Motor Credit Co. LLC v McCarthy Acquisition Corp. ([appeal No. 2] 217 AD3d 1480 [4th Dept 2023]). Present—Whalen, P.J., Peradotto, Lindley and Ogden, JJ.