Broadway Warehouse Co. v. Anderson

2019 NY Slip Op 3492
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 3, 2019
Docket304 CA 18-01591
StatusPublished

This text of 2019 NY Slip Op 3492 (Broadway Warehouse Co. v. Anderson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Broadway Warehouse Co. v. Anderson, 2019 NY Slip Op 3492 (N.Y. Ct. App. 2019).

Opinion

Broadway Warehouse Co. v Anderson (2019 NY Slip Op 03492)
Broadway Warehouse Co. v Anderson
2019 NY Slip Op 03492
Decided on May 3, 2019
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 May 3, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, NEMOYER, AND CURRAN, JJ.

304 CA 18-01591

[*1]BROADWAY WAREHOUSE CO., PLAINTIFF-APPELLANT,

v

BROOKS C. ANDERSON, DEFENDANT-RESPONDENT.


ROACH, LENNON & BROWN, PLLC, BUFFALO (J. MICHAEL LENNON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

JUSTIN S. WHITE, WILLIAMSVILLE, FOR DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered April 16, 2018. The order granted the motion of defendant to dismiss the complaint.

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

Memorandum: We affirm for the reason stated at Supreme Court. We add only that, although we agree with plaintiff that defendant has mischaracterized plaintiff's claim as one to recover collection costs in enforcing an earlier judgment against defendant, any mischaracterization of plaintiff's claim does not warrant a different result.

Entered: May 3, 2019

Mark W. Bennett

Clerk of the Court



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Related

§ 431
New York JUD § 431

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Bluebook (online)
2019 NY Slip Op 3492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadway-warehouse-co-v-anderson-nyappdiv-2019.