Van Wie Chevrolet, Inc. v General Motors, LLC

Van Wie Chevrolet, Inc. v General Motors, LLC 2016 NY Slip Op 06581 Decided on October 7, 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 October 7, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.
786 CA 15-00217

[*1]VAN WIE CHEVROLET, INC., DOING BUSINESS AS EVANS CHEVROLET, PLAINTIFF-APPELLANT,

v

GENERAL MOTORS, LLC, DEFENDANT-RESPONDENT, ET AL., DEFENDANT. (APPEAL NO. 1.)

BRESSLER, AMERY & ROSS, NEW YORK CITY (ERIC L. CHASE OF COUNSEL), AND RIVETTE & RIVETTE, P.C., SYRACUSE, FOR PLAINTIFF-APPELLANT.

LAVIN, O'NEIL, CEDRONE & DISIPIO, NEW YORK CITY (JOHN J. O'DONNELL, OF THE PENNSYLVANIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered November 9, 2012. The order, among other things, granted in part the motion of defendant General Motors, LLC to dismiss the complaint against it by dismissing five of the seven causes of action and granted the motion of defendant Sharon Chevrolet, Inc. to dismiss the complaint against it.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy , 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts , 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: October 7, 2016

Frances E. Cafarell

Clerk of the Court