ALPHA/OMEGA CONCRETE CORP. v. OVATION RISK PLANNERS, INC.

2019-10061. Index No. 605860/16.

197 A.D.3d 1274 (2021)

154 N.Y.S.3d 113

2021 NY Slip Op 05113

Alpha/Omega Concrete Corp., Plaintiff/Second Third-Party Defendant-Respondent, v. Ovation Risk Planners, Inc., Defendant/Third-Party Plaintiff/Second Third-Party Defendant-Appellant, and Scottish American Insurance General Agency, Inc., Defendant/Third-Party Defendant/Second Third-Party Plaintiff-Respondent, et al., Defendant. Jerry Campbell et al., Second Third-Party Defendants; Michael Villano, Second Third-Party Defendant-Appellant.

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

Decided September 29, 2021.


Attorney(s) appearing for the Case

Litchfield Cavo, LLP, New York, NY ( Beth A. Saydak of counsel), for defendant/third-party plaintiff/second third-party defendant-appellant, Ovation Risk Planners, Inc., and second third-party defendant-appellant, Michael Villano.

Law Office of Harry C. Demiris, Jr., P.C., Westbury, NY, for plaintiff/second third-party defendant-respondent, Alpha/Omega Concrete Corp.

Keidel Weldon & Cunningham, LLP, White Plains, NY ( Howard S. Kronberg of counsel), for defendant/third-party defendant/second third-party plaintiff-respondent, Scottish American Insurance General Agency, Inc.

Stonberg Moran, LLP, New York, NY ( Sherri N. Pavloff of counsel), for defendant State National Insurance Company.

Austin, J.P., Duffy, Iannacci and Wooten, JJ., concur.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying those branches of the motion of the defendant/third-party plaintiff/second third-party defendant, Ovation Risk Planners, Inc., and the second third-party defendant Michael Villano which were for summary judgment dismissing the second through fourth causes of action in the complaint insofar as asserted against the defendant/third-party...

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