KG2, LLC v. WELLER

338 CA 12-01225.

105 A.D.3d 1414 (2013)

966 N.Y.S.2d 298

2013 NY Slip Op 2916

KG2, LLC, Doing Business as AURORA SALES & SERVICE, Respondent, v. BRUCE WELLER, Doing Business as AURORA TRUCK SUPPLY COMPANY, Appellant, et al., Defendant.

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

Decided April 26, 2013.


Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered December 28, 2011. The order, insofar as appealed from, granted in part plaintiff's motion for summary judgment.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is denied in its entirety.

Memorandum: Plaintiff purchased its business from a seller that four years earlier had purchased the business...

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