CHS, INC. v. LAND O'LAKES PURINA FEED, LLC

587 CA 20-00625.

197 A.D.3d 973 (2021)

153 N.Y.S.3d 354

2021 NY Slip Op 04860

CHS, Inc., Respondent, v. Land O'Lakes Purina Feed, LLC, et al., Appellants.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

HAWORTH BARGER GERSTMAN, LLC, NEW YORK CITY ( BARRY L. GERSTMAN OF COUNSEL), FOR DEFENDANT-APPELLANT COMMODITY RESOURCE CORP.

FINAZZO COSSOLINI O'LEARY MEOLA & HAGER, LLC, NEW YORK CITY ( ROBERT B. MEOLA OF COUNSEL), FOR DEFENDANT-APPELLANT LAND O'LAKES PURINA FEED, LLC.

Present— Carni, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motions are granted and the claims for damages to the property of nonparty Mosaic Crop Nutrition, LLC are dismissed.

Memorandum: Plaintiff commenced this action for, inter alia, damages sustained after a fire at a bulk storage warehouse leased by defendant Commodity Resource Corp. and subleased to defendant Land O'Lakes Purina Feed, LLC. At the time of...

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