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AMERICORE DRILLING & CUTTING, INC. v. EMB CONTR. CORP.

2017-07178, 2018-10423. Index No. 3276/13.

198 A.D.3d 941 (2021)

156 N.Y.S.3d 355

2021 NY Slip Op 05845

Americore Drilling & Cutting, Inc., Respondent, v. EMB Contracting Corp., Defendant, and Chilled Properties, LLC, Appellant.

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

Decided October 27, 2021.

Attorney(s) appearing for the Case

Walden Macht & Haran LLP, New York, NY ( Jim Walden , Daniel Cohen , and Jacob S. Gardener of counsel), for appellant.

Rivera, J.P., Austin, Connolly and Ford, JJ., concur.

Ordered that the judgment is reversed insofar as appealed from, on the law, the complaint is dismissed insofar as asserted against the defendant Chilled Properties, LLC, and the order entered July 13, 2018, is vacated; and it is further,

Ordered that the appeal from the order is dismissed as academic in light of our determination on the appeal from the judgment; and it is further,

Ordered that one bill of costs is awarded to the defendant Chilled Properties...

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