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HAILEY INSULATION CORP. v. TURNER CONSTR. CO.

Index No. 654169/20. Appeal No. 15900. Case No. 2021-04289.

205 A.D.3d 479 (2022)

165 N.Y.S.3d 836

2022 NY Slip Op 03074

Hailey Insulation Corporation, Respondent, v. Turner Construction Company, Respondent, and Flight Center Hotels LLC, Appellant.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

Wasserman Grubin & Rogers, LLP, New York ( Douglas J. Lutz of counsel), for appellant.

Bahn PLLC, New York ( Martin I. Gold of counsel), for Hailey Insulation Corporation, respondent.

Peckar & Abramson, P.C., New York ( Mark A. Snyder of counsel), for Turner Construction Company, respondent.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.

The court properly denied the motion to dismiss the article 3-A claim against Flight Center. The complaint adequately states an article 3-A claim based on allegations that Flight Center is a hotel development company that leased publicly owned land from the Port Authority in connection with the construction of the TWA Hotel Project and Conference Center, as such allegations can show that Flight Center meets the definition of a...

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