MACK-CALI REALTY, L.P. v. EVERFOAM INSULATION SYS., INC.

2011-10219, 2012-02235, 2012-02953

110 A.D.3d 680 (2013)

972 N.Y.S.2d 310

2013 NY Slip Op 6348

MACK-CALI REALTY, L.P., et al., Respondents-Appellants, v. EVERFOAM INSULATION SYSTEMS, INC., Defendant/Third-Party Plaintiff-Appellant-Respondent. BAYSYSTEMS NORTH AMERICA, LLC, Third-Party Defendant-Respondent.

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

Decided October 2, 2013.


In an action, inter alia, to recover damages for breach of contract, (1) the defendant/third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered August 22, 2011, as denied its motion for summary judgment dismissing the first cause of action in the complaint and granted that branch of the plaintiffs' motion which was for summary judgment

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