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GENERAL MOTORS, LLC v. B.J. MUIRHEAD CO., INC.

120 A.D.3d 927 (2014)

991 N.Y.S.2d 205

2014 NY Slip Op 05720

GENERAL MOTORS, LLC, Respondent, v. B.J. MUIRHEAD CO., INC., Appellant.

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

Decided August 8, 2014.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered February 15, 2013. The order denied the motion of defendant to dismiss the complaint and granted the cross motion of plaintiff for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the motion is granted, and the complaint is dismissed.

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