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NAVILLUS TILE, INC. v. BOVIS LEND LEASE LMB, INC.

2009-03314.

74 A.D.3d 1299 (2010)

904 N.Y.S.2d 207

NAVILLUS TILE, INC., Doing Business as NAVILLUS CONTRACTING, Appellant, v. BOVIS LEND LEASE LMB, INC., Respondents, et al., Defendants, and JD CONTRACTING LLC, Doing Business as DONALDSON TRADITION INTERIORS, Appellant.

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

Decided June 29, 2010.

Ordered that the order is modified, on the law and the facts, (1) by deleting the provision thereof granting that branch of the motion of the defendants Bovis Lend Lease LMB, Inc., Travelers Casualty and Surety Company, Federal Insurance Company, Fidelity and Deposit Company of Maryland, and Liberty Mutual Insurance Company and that branch of the separate motion of the defendant City of New York which were to dismiss the complaint insofar as asserted against them based upon...

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