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CHRYSLER v. MARONG CHRYSLER-PLYMOUTH, INC.

19 A.D.3d 1094 (2005)

796 N.Y.S.2d 804

JIM BALL CHRYSLER LLC, Respondent, v. MARONG CHRYSLER-PLYMOUTH, INC., et al., Defendants, and WEST-HERR DODGE LLC, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 10, 2005.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is granted and the complaint against defendant West-Herr Dodge LLC is dismissed.

Memorandum:

We agree with defendant West-Herr Dodge LLC (West-Herr) that Supreme Court erred in denying its cross motion for summary judgment dismissing the complaint against it. As against...

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