ARCH INS. CO. v. CONSTRUCTAMAX, INC.

650109/11. Appeal No. 16718. Case Nos. 2022-01337, 2022-02494.

210 A.D.3d 551 (2022)

176 N.Y.S.3d 781

2022 NY Slip Op 06634

Arch Insurance Company et al., Respondents, v. Constructamax, Inc., et al., Appellants.

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

Decided November 22, 2022.


Attorney(s) appearing for the Case

Georgoulis PLLC, New York ( James G. Lainas of counsel), for appellants.

Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho ( Brian E. Gunther of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Moulton, González, JJ.


Judgment, Supreme Court, New York County (Gerald Lebovits, J.), entered September 16, 2021, awarding plaintiff damages in the amount of $35,635,479.10, unanimously affirmed, without costs.

Upon granting plaintiffs leave to reargue their motion for summary judgment on their indemnification claim, Supreme Court correctly determined that defendants failed to raise an issue of fact as to whether the parties had reached an accord...

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