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TRAVELERS CAS. & SUR. CO. OF AM. v. COSTANZA

1152 CA 14-00495.

125 A.D.3d 1358 (2015)

TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Respondent, v. NICHOLAS COSTANZA, Appellant/Third-Party Plaintiff, et al., Third-Party Defendants.

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

Decided February 6, 2015.

It is hereby ordered that the order and judgment insofar as appealed from, is reversed on the law without costs, plaintiff's motion is denied, and that part of defendant's cross motion seeking leave to serve an amended answer to include his proposed third affirmative defense is granted.

Memorandum: On appeal from an order and judgment awarding plaintiff money damages for defendant's breach of contract and attorneys' fees...

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