Whitley v. Industrial Funding Corp.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J), entered February 6, 2003. The order denied plaintiffs motion to strike the amended answer of defendant Kenneth Fieri and for judgment against him.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting plaintiffs motion, striking the amended answer of defendant Kenneth Fieri and granting plaintiff judgment against him and as modified the order is affirmed with costs to plaintiff, and the matter is remitted to Supreme Court, Erie County, for further…