Appellate Division of the Supreme Court of the State of New York April 9, 2015 (Chemung Canal Trust Co. v. Living Better, Inc.)

Rose, J.

Appeal from that part of an order of the Supreme Court (Rumsey, J.), entered September 6, 2013 in Tompkins County, which dismissed plaintiffs second cause of action upon a decision of the court.

Defendant Malcolm A. Lane and his wife were the owners of defendant Living Better, Inc. (hereinafter LBI), which operated a Prudential Real Estate Affiliates, Inc. franchise purchased in 2006.