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STEVEN MUELLER MOTORS, INC. v. HICKEY

1427 CA 15-01023.

134 A.D.3d 1467 (2015)

23 N.Y.S.3d 505

2015 NY Slip Op 09534

STEVEN MUELLER MOTORS, INC., Appellant, v. TONYA HICKEY, et al., Respondents.

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

Decided December 23, 2015.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this lawsuit asserting causes of action for breach of contract and replevin arising from plaintiff's sale of a motor vehicle to defendants. Plaintiff moved for summary judgment seeking the relief demanded in its complaint as well as dismissal of defendants' counterclaim for fraud. Contrary to plaintiff's contention, Supreme Court properly denied...

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