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

165 CA 22-00373.

217 A.D.3d 1480 (2023)

192 N.Y.S.3d 830

2023 NY Slip Op 03574

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. 2.).

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 a judgment of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered March 4, 2022. The judgment, among other things, awarded Thomas J. Pieroni, Bentley Holdings, Inc., doing business as Automotive Fleet Leasing Co., and Automotive Fleet Leasing Services, Inc., doing business as Automotive Fleet Leasing Co., damages in the amount of $824,220, plus interest.

It is hereby ordered that the judgment so appealed from is unanimously modified on the...

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