Buyer's First Choice, Inc. v. Simme (107 A.D.3d 1385, 2013)

Appeal from an order of the Erie County Court (Thomas P Franczyk, J.), entered January 23, 2012. The order denied the motion of plaintiff to dismiss defendant’s amended answer and second amended answer.

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

Same memorandum as in Buyer’s First Choice, Inc. v Simme (107 AD3d 1384 [2013]). Present — Smith, J.P., Fahey, Sconiers, Valentino and Whalen, JJ.