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PIKE CO., INC. v. JERSEN CONSTRUCTION GROUP, LLC

NO. 1261, 16-00545

147 A.D.3d 1553 (2017)

47 N.Y.S.3d 579

2017 NY Slip Op 01116

PIKE COMPANY, INC., Respondent, v. JERSEN CONSTRUCTION GROUP, LLC, et al., Appellants. (Action No. 1.) JERSEN CONSTRUCTION GROUP, LLC, Appellant, v. PIKE COMPANY, INC., et al., Respondents. (Action No. 2.) JERSEN CONSTRUCTION GROUP, LLC, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Respondents, et al., Defendants. (Action No. 3.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 10, 2017.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered October 27, 2015. The order granted the motion of The Pike Company, Inc. and Fidelity and Deposit Company of Maryland to dismiss the counterclaim for fraud against The Pike Company, Inc. in action No. 1.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the fifth counterclaim of Jersen Construction...

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