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

164 CA 22-00369.

217 A.D.3d 1480 (2023)

190 N.Y.S.3d 565

2023 NY Slip Op 03573

Ford Motor Credit Company LLC, Formerly Known as Ford Motor Credit Company, Appellant, v. McCarthy Acquisition Corporation, Doing Business as McCarthy Ford, et al., Defendants, and Automotive Fleet Leasing Services, Inc., Doing Business as Automotive Fleet Leasing Co., et al., Respondents. (Action No. 1.). Thomas J. Pieroni et al., Respondents, et al., Plaintiffs, v. Ford Motor Credit Company LLC, Formerly Known as Ford Motor Credit Company, Appellant. (Action No. 2.) (Appeal No. 1.).

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

MAURO LILLING NAPARTY LLP, WOODBURY ( RICHARD J. MONTES of counsel), FOR PLAINTIFF-APPELLANT AND DEFENDANT-APPELLANT.

HODGSON RUSS LLP, BUFFALO ( AARON M. SAYKIN of counsel), FOR DEFENDANTS-RESPONDENTS AND PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Peradotto, Lindley and Ogden, JJ.

Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered March 2, 2022. The order, inter alia, denied the motion of Ford Motor Credit Company LLC, formerly known as Ford Motor Credit Company to, inter alia, set aside the jury verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Ford Motor Credit Co. LLC v McCarthy Acquisition Corp. ([appeal No. 2] 217 A.D.3d 1480...

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