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ALLEN v. LEON D. DeMATTEIS CONSTR. CORP.

2017-00877. Index No. 10335/10.

175 A.D.3d 642 (2019)

108 N.Y.S.3d 50

2019 NY Slip Op 06376

Edward W. Allen et al., Plaintiffs, v. Leon D. DeMatteis Construction Corp., Defendant/Third-Party Plaintiff-Respondent, and RJR Mechanical, Inc., Defendant/Third-Party Defendant/Second Third-Party Plaintiff, et al., Defendants. Liberty Mutual/Peerless Insurance Company, Second Third-Party Defendant-Appellant, et al., Third-Party Defendants, et al., Second Third-Party Defendants.

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

Decided August 28, 2019.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the second third-party defendant Liberty Mutual/Peerless Insurance Company which was for summary judgment dismissing so much of the second third-party complaint as alleged bad faith in its failure to comply with its contractual obligations, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar...

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