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MBL LIFE ASSURANCE CORP. v. SHORENSTEIN CO.

237 A.D.2d 160 (1997)

654 N.Y.S.2d 763

MBL Life Assurance Corporation, Respondent, v. Shorenstein Co., Respondent, and John J. Flynn, P.E., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 18, 1997

This action arises from alleged malfeasance in connection with the construction of a parking garage for plaintiff MBL Life Assurance ("MBL"). Insofar as the complaint relates to defendant-appellant, John J. Flynn, P.E. ("Flynn"), it alleges that he breached a contractual obligation to oversee construction of the garage.

Flynn moved for summary judgment dismissing the complaint based on his assertion that he was engaged to...

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