Opinion
2013-06-7
BUYER'S FIRST CHOICE, INC., Doing Business As 2.5 % Real Estate Direct, Plaintiff–Appellant, v. Joanne SIMME, Also Known As Joanne Simme–Good, Doing Business As Good Choice, Defendant–Respondent. (Appeal No. 2.)
Appeal from an order of the Erie County Court (Thomas P. Franczyk, J.), entered January 23, 2012. The order denied the motion of plaintiff to dismiss defendant's*899amended answer and second amended answer. Michael Rakowski, Depew, for Plaintiff–Appellant. Weiss & Detig, Grand Island (Norton T. Lowe of Counsel), for Defendant–Respondent.
Appeal from an order of the Erie County Court (Thomas P. Franczyk, J.), entered January 23, 2012. The order denied the motion of plaintiff to dismiss defendant's*899amended answer and second amended answer.
Michael Rakowski, Depew, for Plaintiff–Appellant. Weiss & Detig, Grand Island (Norton T. Lowe of Counsel), for Defendant–Respondent.
Same Memorandum as in Buyer's First Choice, Inc. v. Simme (Appeal No. 1) 107 A.D.3d 1384, 967 N.Y.S.2d 273 (2013).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.