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BOVIS LEND LEASE v. LOWER MANHATTAN DEVELOPMENT CORP.

603243/09, 9421A.

108 A.D.3d 135 (2013)

966 N.Y.S.2d 51

2013 NY Slip Op 3804

BOVIS LEND LEASE (LMB), INC., Appellant-Respondent, v. LOWER MANHATTAN DEVELOPMENT CORP., Respondent-Appellant.

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

Decided May 28, 2013.

Attorney(s) appearing for the Case

Sutherland Asbill & Brennan LLP, New York City ( Jennifer W. Fletcher and Lawrence A. Dany III of counsel), for appellant-respondent.

Winston & Strawn LLP, New York City ( Jeffrey L. Kessler , Adam J. Kaiser , Martin C. Geagan and Eric Laufgraben of counsel), for respondent-appellant.

GONZALEZ, P.J., RENWICK, RICHTER and GISCHE, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

This dispute concerns the Deutsche Bank Building, which neighbored the World Trade Center and was severely damaged on September 11, 2001. Defendant, Lower Manhattan Development Corp. (LMDC), is a subsidiary of the Urban Development Corporation doing business as the Empire State Development Corporation, a joint city-state corporation charged with redeveloping lower Manhattan. LMDC purchased the building from Deutsche Bank...

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