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CITY OF NEW YORK v. EVANSTON INS. CO.

2015-11298. Index No. 3476/11.

165 A.D.3d 1032 (2018)

87 N.Y.S.3d 109

2018 NY Slip Op 07088

City of New York, Appellant-Respondent, v. Evanston Insurance Company et al., Defendants, and Beckie Realty Co. et al., Respondents-Appellants.

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

Decided October 24, 2018.

Ordered that the cross appeal by the defendant Beckie Realty Co. is dismissed, as that defendant is not aggrieved by the order (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144, 147 [2010]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the plaintiff's motion which was for summary judgment on the issue of damages against the defendants Beckie Realty Co...

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