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25 BAY TERRACE ASSOC., L.P. v. PUBLIC SERV. MUT. INS. CO.

2016-04867, 2016-10843. Index No. 150345/13.

194 A.D.3d 668 (2021)

148 N.Y.S.3d 484

2021 NY Slip Op 02776

25 Bay Terrace Associates, L.P., Appellant-Respondent, v. Public Service Mutual Insurance Company, Respondent-Appellant.

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

Decided May 5, 2021.

Attorney(s) appearing for the Case

Carroll McNulty & Kull LLC, New York, NY ( Kristin V. Gallagher and Joanna L. Young of counsel), for appellant-respondent.

Ohrenstein & Brown, LLP, Garden City, NY ( Matthew Bryant of counsel), for respondent-appellant.

Dillon, J.P., Hinds-Radix, Duffy and Wooten, JJ., concur.

Ordered that the order dated April 14, 2016, is affirmed insofar as appealed and cross appealed from, without costs or disbursements; and it is further,

Ordered that the order dated October 13, 2016, is affirmed, without costs or disbursements.

In 2013, the plaintiff commenced this action against the defendant to recover damages for breach of contract and breach of the implied covenant of good faith and fair dealing, in connection with a commercial insurance...

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