Steven Mueller Motors, Inc. v. Hickey

Appeal from an order of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered September 10, 2014. The order denied the motion of plaintiff for summary judgment.

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

Memorandum: Plaintiff commenced this lawsuit asserting causes of action for breach of contract and replevin arising from plaintiffs sale of a motor vehicle to defendants. Plaintiff moved for summary judgment seeking the relief demanded in its complaint as well as dismissal of defendants’ counterclaim for fraud. Contrary to plaintiff’s…