CLAIM RECOVERY GROUP LLC v. MARKEL CORP.

Index No. 650775/20 Appeal No. 17182 Case No. 2022-01055.

212 A.D.3d 554 (2023)

182 N.Y.S.3d 87

2023 NY Slip Op 00371

Claim Recovery Group LLC, Appellant, v. Markel Corporation, Respondent.

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

Decided January 26, 2023.


Attorney(s) appearing for the Case

Heerde Law PLLC, New York ( Matthew C. Heerde of counsel), and Fulcrum Capital Holdings LLC, Austin, TX ( Patrick R. Dresslar , of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellant.

Duane Morris LLP, New York ( Damon N. Vocke of counsel), for respondent.

Concur—Friedman, J.P., Moulton, Kennedy, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Melissa Crane, J.), entered on or about February 15, 2022, which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's motion for summary judgment dismissing the affirmative defenses and in its favor on its sole claim of breach of contract, unanimously modified, on the law, to deny defendant's motion and grant plaintiff's motion insofar as it sought summary judgment on the issue of whether the...

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