BUYER'S FIRST CHOICE, INC. v. SIMME, JOANNE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01178 PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.

BUYER’S FIRST CHOICE, INC., DOING BUSINESS AS 2.5 % REAL ESTATE DIRECT, PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER JOANNE SIMME, ALSO KNOWN AS JOANNE SIMME-GOOD, DOING BUSINESS AS GOOD CHOICE, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

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 amended answer and second amended answer.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Buyer’s First Choice, Inc. v Simme ([appeal No. 1] ___ AD3d ___ [June 7, 2013]).

Entered: June 7, 2013 Frances E. Cafarell Clerk of the Court