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FORD MOTOR CREDIT CO. LLC v. McCARTHY ACQUISITION CORP.

833 CA 18-02266.

176 A.D.3d 1589 (2019)

110 N.Y.S.3d 173

2019 NY Slip Op 07169

Ford Motor Credit Company LLC, Formerly Known as Ford Motor Credit Company, Respondent-Appellant, v. McCarthy Acquisition Corporation, Doing Business as McCarthy Ford, et al., Defendants, and Thomas J. Pieroni et al., Appellants-Respondents. (Action No. 1.) Thomas J. Pieroni et al., Appellants-Respondents, et al., Plaintiffs, v. Ford Motor Credit Company LLC, Formerly Known as Ford Motor Credit Company, Respondent-Appellant. (Action No. 2.)

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( AARON M. SAYKIN OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS AND PLAINTIFFS-APPELLANTS-RESPONDENTS.

PHILLIPS LYTLE LLP, BUFFALO ( CRAIG A. LESLIE OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT AND DEFENDANT-RESPONDENT-APPELLANT.

Present—Centra, J.P., Peradotto, Carni, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by in action No. 1 denying the motion of plaintiff, Ford Motor Credit Company LLC, formerly known as Ford Motor Credit Company, for summary judgment in its entirety and reinstating the counterclaims of defendants Thomas J. Pieroni, Automotive Fleet Leasing Services, Inc., doing business as Automotive Fleet Leasing Co., and Bentley Holdings, Inc., doing business as Automotive Fleet Leasing...

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