FRANKENMUTH MUT. INS. CO. v. WASTE MGT. OF N.Y., LLC

2012-08307

122 A.D.3d 674 (2014)

995 N.Y.S.2d 732

2014 NY Slip Op 07624

FRANKENMUTH MUTUAL INSURANCE COMPANY, Appellant, v. WASTE MANAGEMENT OF NEW YORK, LLC, Defendant, and SANITARY DISTRICT NO. 1, TOWN OF HEMPSTEAD, Respondent.

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

Decided November 12, 2014.


In an action to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Driscoll, J.), entered June 25, 2012, which, upon the denial of its motion for summary judgment on the complaint insofar as asserted against the defendant Sanitary District No. 1, Town of Hempstead, in an order dated August 15, 2011, and upon a decision of the same court dated May 15, 2012, made after a nonjury trial, is in favor of that defendant...

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