ARCHSTONE v. TOCCI BLDG. CORP. OF N.J., INC.

2013-00555, Index No. 1018/08.

119 A.D.3d 497 (2014)

990 N.Y.S.2d 44

2014 NY Slip Op 4885

ARCHSTONE, Formerly Known as ARCHSTONE-SMITH OPERATING TRUST, et al., Appellants, v. TOCCI BUILDING CORPORATION OF NEW JERSEY, INC., et al., Defendants, and LIBERTY MUTUAL INSURANCE COMPANY, Respondent. (And Third-Party Actions.)

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

Decided July 2, 2014.


In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Nassau County (DeStefano, J.), dated November 27, 2012, which granted the motion of the defendant Liberty Mutual Insurance Company for summary judgment dismissing the second amended complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

In 2004, the plaintiffs, the owners of certain real property...

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