MATTER OF TRAVELERS CAS. & SUR. CO. OF AM. v. ERIE CANAL HARBOR DEV. CORP.

90 CA 19-01582.

191 A.D.3d 1256 (2021)

137 N.Y.S.3d 754

2021 NY Slip Op 00680

In the Matter of Travelers Casualty and Surety Company of America, Asserting Claims in its Own Right and as the Assignee and Real Party in Interest of the Claims of DiPizio Construction Company, Inc., Appellant, v. Erie Canal Harbor Development Corporation, Respondent.

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

Decided February 5, 2021.


Attorney(s) appearing for the Case

CHIESA SHAHINIAN & GIANTOMASI PC, NEW YORK CITY ( ADAM P. FRIEDMAN OF COUNSEL), FOR PLAINTIFF-PETITIONER-APPELLANT.

PHILLIPS LYTLE LLP, BUFFALO ( WILLIAM J. BRENNAN OF COUNSEL), FOR DEFENDANT-RESPONDENT-RESPONDENT.

COUCH WHITE, LLP, ALBANY ( JOEL M. HOWARD, III , OF COUNSEL), FOR ASSOCIATED GENERAL CONTRACTORS OF NYS, LLC, THE BUILDING CONTRACTORS ASSOCIATION OF WESTCHESTER & THE MID-HUDSON REGION, INC., THE CONSTRUCTION INDUSTRY COUNCIL OF WESTCHESTER & HUDSON VALLEY, INC., BUILDING INDUSTRY EMPLOYEES OF NEW YORK STATE, SYRACUSE BUILDERS EXCHANGE, INC., BUILDERS EXCHANGE OF ROCHESTER, EASTERN CONTRACTOR'S ASSOCIATION, INC., AND NORTHEASTER SUBCONTRACTORS ASSOCIATION, AMICI CURIAE.

Present—Centra, J.P., Peradotto, NeMoyer and Winslow, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at...

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