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BRELAND-MARROW v. RXR REALTY, LLC

2019-11266. Index No. 605729/16.

208 A.D.3d 627 (2022)

173 N.Y.S.3d 601

2022 NY Slip Op 04946

Debra Breland-Marrow et al., Appellants, v. RXR Realty, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents-Appellants. ABM Janitorial Service Northeast, Inc., Third-Party Defendant-Respondent.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Gruenberg Kelly Della , Ronkonkoma, NY ( Zachary M. Beriloff of counsel), for plaintiffs-appellants.

Cariello Law Firm, Uniondale, NY ( Edgar Matos of counsel), for defendants third-party plaintiffs-respondents-appellants.

McGiff Halverson Dooley LLP, Patchogue, NY ( Daniel J. O'Connell of counsel), for third-party defendant-respondent.

Iannacci, J.P., Miller, Maltese and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, and those branches of the motion of the defendants/third-party plaintiffs which were for summary judgment on the third-party causes of action for contractual indemnification and to recover damages for breach of contract for failure to procure insurance are denied on the merits; and it is further,

Ordered...

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