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Ford Motor Credit Co. LLC v. Mike Ognibene Ford

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


March 19, 2010

FORD MOTOR CREDIT COMPANY LLC, APPELLANT,
v.
MIKE OGNIBENE FORD, INC., FORMERLY KNOWN AS BATAVIA FORD LINCOLN MERCURY, INC., ET AL., RESPONDENTS.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered March 6, 2009. The order, insofar as appealed from, denied plaintiff's motion to preclude defendants from introducing evidence at trial in support of their first and second counterclaims and to dismiss those counterclaims.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 28, 2010

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Present---Scudder, P.J., Peradotto, Lindley and Gorski, JJ.

20100319

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