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C&L FUNDING CO., LLC v. INTERCOUNTY PAVING ASSOC., LLC

2020-00059. Index No. 608543/19.

215 A.D.3d 918 (2023)

188 N.Y.S.3d 557

2023 NY Slip Op 02103

C&L Funding Co., LLC, Appellant, v. Intercounty Paving Associates, LLC, Defendant, and Carl J. Lizza et al., Respondents. Zurich American Insurance Company, Intervenor-Respondent.

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

Decided April 26, 2023.

Attorney(s) appearing for the Case

Beattie Padovano, LLC, Nyack, NY ( Martin R. Kafafian and Joseph A. DiPisa III of counsel), for appellant.

Lipsky Portales PA, New York, NY ( Sean M. Lipsky of counsel), for defendants-respondents.

Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho, NY ( Brian E. Gunther and Mark S. Gamell of counsel), for intervenor-respondent.

Duffy, J.P., Rivera, Christopher and Voutsinas, JJ., concur.

In an action to recover on a promissory note and a guaranty, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Nassau County (Jerome C. Murphy, J.), entered December 2, 2019. The order, insofar as appealed from, denied the plaintiff's motion for summary judgment in lieu of complaint and granted that branch of the intervenor's separate motion which was pursuant to CPLR 3211(a)(1) to...

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