Buffalo Biodiesel, Inc. v Taj Mahal, Inc.

Buffalo Biodiesel, Inc. v Taj Mahal, Inc. 2016 NY Slip Op 06368 Decided on September 30, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 30, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.
783 CA 15-02057

[*1]BUFFALO BIODIESEL, INC., PLAINTIFF-APPELLANT,

v

TAJ MAHAL, INC., DEFENDANT-RESPONDENT.

LAW OFFICE OF JOSEPH G. MAKOWSKI, LLC, BUFFALO (APRIL J. ORLOWSKI OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LAW OFFICE OF ANDREW J. STIMSON, BUFFALO (ANDREW J. STIMSON OF COUNSEL), AND CHRISTOPHER D. SMITH & ASSOCIATES, BLASDELL, FOR DEFENDANT-RESPONDENT.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 19, 2015. The order and judgment, inter alia, granted that part of the motion of defendant seeking dismissal of the complaint.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Entered: September 30, 2016

Frances E. Cafarell

Clerk of the Court