Lifcare USA, LLC v First Niagara Fin. Group

Lifcare USA, LLC v First Niagara Fin. Group 2017 NY Slip Op 03380 Decided on April 28, 2017 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 April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, TROUTMAN, AND SCUDDER, JJ.
557 CA 16-01678

[*1]LIFCARE USA, LLC, PLAINTIFF-RESPONDENT,

v

FIRST NIAGARA FINANCIAL GROUP, DEFENDANT-APPELLANT.

HODGSON RUSS LLP, BUFFALO (STEPHEN W. KELKENBERG OF COUNSEL), FOR DEFENDANT-APPELLANT.

WEBSTER SZANYI LLP, BUFFALO (ANDREW MILLER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 8, 2016. The order denied in part defendant's motion to dismiss plaintiff's amended complaint.

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

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court