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TRAVELERS INSURANCE COMPANY v. BENDERSON DEVELOPMENT COMPANY, LLC

1222 CA 15-00122

133 A.D.3d 1360 (2015)

19 N.Y.S.3d 459

2015 NY Slip Op 08582

TRAVELERS INSURANCE COMPANY, as Successor in Interest by Merger to GULF INSURANCE COMPANY, Respondent, v. BENDERSON DEVELOPMENT COMPANY, LLC, et al., Appellants, et al., Defendant. (Appeal No. 1.)

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

Decided November 20, 2015.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered August 25, 2014. The order, among other things, granted plaintiff's motion for summary judgment on the amended complaint and for summary judgment dismissing the counterclaim.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988...

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