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GEORGES v. RESORTS WORLD CASINO NEW YORK CITY

2018-14295. Index No. 501415/16.

189 A.D.3d 1549 (2020)

139 N.Y.S.3d 369

2020 NY Slip Op 08042

Marie Rene Georges, Respondent, v. Resorts World Casino New York City et al., Defendants/Third-Party Plaintiffs-Respondents-Appellants, and Elite Parking Area Maintenance, Inc., Appellant-Respondent. Elite Snow, Inc., Defendant/Third-Party Defendant-Appellant-Respondent.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

McGiff Halverson Dooley LLP, Patchogue, NY ( Daniel J. O'Connell of counsel), for defendant-appellant-respondent.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, NY ( Michael T. Reagan of counsel), for defendant third-party defendant-appellant-respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY ( Joshua Cash , Stacey Seltzer of counsel), for defendants third-party plaintiffs-respondents-appellants.

Silbowitz Garafola Silbowitz Schatz & Frederick, LLP, New York, NY ( Mitchell Silbowitz of counsel), for plaintiff-respondent.

Rivera, J.P., Cohen, Hinds-Radix and Iannacci, JJ., concur.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant/third-party defendant which was for summary judgment dismissing the third-party cause of action alleging breach of contract for failure to procure insurance and the cross claim of the defendants/third-party plaintiffs alleging breach of contract for failure to procure insurance insofar as asserted...

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