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Clark Rigging & Rental Corp. v. Liberty Mut. Ins. Co.

1182 CA 19-00233.

179 A.D.3d 1510 (2020)

118 N.Y.S.3d 337

2020 NY Slip Op 00760

Clark Rigging & Rental Corp., Appellant, v. Liberty Mutual Insurance Company et al., Defendants, and Tri-Kete Limited, Respondent.

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

Decided January 31, 2020.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied in its entirety and the first and second causes of action against defendant Tri-Krete Limited are reinstated.

Memorandum: Plaintiff commenced this action against defendants Tri-Krete Limited (Tri-Krete) and KC Precast, LLC (KC Precast) for breach of contract, account stated, unjust enrichment, and fraudulent inducement, and against defendant...

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