June 7, 2013
BUYER'S FIRST CHOICE, INC., DOING BUSINESS AS 2.5 % REAL ESTATE DIRECT, PLAINTIFF-APPELLANT,
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 amended answer and second amended answer.
MICHAEL RAKOWSKI, DEPEW, FOR PLAINTIFF-APPELLANT.
WEISS & DETIG, GRAND ISLAND (NORTON T. LOWE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
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] __ A.D.3d __ ).