LEND LEASE v. ZURICH AM INS

158438/13, 15426.

136 A.D.3d 52 (2015)

22 N.Y.S.3d 24

2015 NY Slip Op 09389

LEND LEASE (US) CONSTRUCTION LMB INC. et al., Appellants-Respondents, v. ZURICH AMERICAN INSURANCE COMPANY et al., Respondents-Appellants.

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

Decided December 22, 2015.


Attorney(s) appearing for the Case

Carroll McNulty & Kull LLC, New York City ( Christopher R. Carroll , Jillian G. Ackermann and Matthew J. Lodge of the New Jersey bar, admitted pro hac vice, of counsel), for Lend Lease (US) Construction LMB Inc., appellant-respondent.

Greenberg, Trager & Herbst, LLP, New York City ( Richard J. Lambert of counsel), for Extell West 57th Street LLC, appellant-respondent.

Mound Cotton Wollan & Greengrass LLP, New York City ( Philip C. Silverberg , Mark S. Katz and Sanjit Shah of counsel) for respondents-appellants.

SWEENY and SAXE, JJ., concur with ANDRIAS, J.; MAZZARELLI, J.P., dissents in a separate opinion in which RICHTER, J., concurs.


OPINION OF THE COURT

Plaintiffs Extell West 57th Street LLC and Lend Lease (US) Construction LMB Inc. are the owner and construction manager of a project to erect a 74-story mixed-use hotel and residential building in Manhattan. In this breach of contract and declaratory judgment...

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