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FRIEDLANDER ORGANIZATION, LLC v. LIBERTY INS. UNDERWRITERS, INC.

2014-03029, Index Nos. 13276/11, 614/12.

131 A.D.3d 1005 (2015)

16 N.Y.S.3d 467

2015 NY Slip Op 06778

FRIEDLANDER ORGANIZATION, LLC, Respondent, v. LIBERTY INSURANCE UNDERWRITERS, INC., Appellant. (Action No. 1.) LIBERTY INSURANCE UNDERWRITERS, INC., Appellant, v. AKIN AYORINDE et al., Defendants, and FRIEDLANDER ORGANIZATION, LLC, Respondent. (Action No. 2.)

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

Decided September 16, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant, Liberty Insurance Underwriters, Inc. (hereinafter Liberty), failed to establish its prima facie entitlement to judgment as a matter of law dismissing the complaint in Action No. 1 and on its first three causes of action in Action No. 2. Accordingly, its motion for that relief was properly denied regardless of the sufficiency of the respondent's opposition papers (see Winegrad...

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