HAGGERTY v. STEITZ

905 CA 19-00266.

176 A.D.3d 1622 (2019)

107 N.Y.S.3d 918

2019 NY Slip Op 07189

Edward J. Haggerty, as Trustee of the James J. Haggerty Trust, Appellant, v. Philip M. Steitz, Doing Business as Premier Tire Company, Inc., Respondent.

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

Decided October 4, 2019.


Attorney(s) appearing for the Case

GUSTAVE J. DETRAGLIA, JR. , UTICA, FOR PLAINTIFF-APPELLANT.

PAPPAS, COX, KIMPEL, DODD & LEVINE, P.C., SYRACUSE ( P. DOUGLAS DODD OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Centra, NeMoyer and Troutman, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff, the lessor of a building, commenced this action to recover damages allegedly resulting from, inter alia, defendant's breach of a lease requiring defendant to obtain "[b]usiness liability and property damage insurance." After a nonjury trial, Supreme Court determined that plaintiff failed to establish by a preponderance of the evidence that defendant breached...

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