Opinion
304 CA 18-01591
05-03-2019
BROADWAY WAREHOUSE CO., Plaintiff–Appellant, v. Brooks C. ANDERSON, Defendant–Respondent.
ROACH, LENNON & BROWN, PLLC, BUFFALO (J. MICHAEL LENNON OF COUNSEL), FOR PLAINTIFF–APPELLANT. JUSTIN S. WHITE, WILLIAMSVILLE, FOR DEFENDANT–RESPONDENT.
ROACH, LENNON & BROWN, PLLC, BUFFALO (J. MICHAEL LENNON OF COUNSEL), FOR PLAINTIFF–APPELLANT.
JUSTIN S. WHITE, WILLIAMSVILLE, FOR DEFENDANT–RESPONDENT.
PRESENT: SMITH, J.P., CARNI, LINDLEY, NEMOYER, AND CURRAN, JJ.
MEMORANDUM AND ORDER
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.