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BOVIS LEND LEASE (LMB) INC. v. LOWER MANHATTAN DEV. CORP.

Index No. 603243/09. Appeal No. 295-296-297. Case Nos. 2022-00391, 2022-01475, 2022-01940.

216 A.D.3d 543 (2023)

189 N.Y.S.3d 484

2023 NY Slip Op 02760

Bovis Lend Lease (LMB) Inc., Plaintiff/Third-Party Plaintiff-Appellant, v. Lower Manhattan Development Corporation, Defendant. Arch Insurance Company, Third-Party Defendant-Respondent.

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

Decided May 23, 2023.

Attorney(s) appearing for the Case

Weil Gotshal & Manges LLP, New York ( Gregory Silbert of counsel), for appellant.

Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho ( Kevin M. Gary of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, Scarpulla, Rodriguez, JJ.

Judgment, Supreme Court, New York County (Jennifer Schecter, J.), entered April 22, 2022, awarding third-party defendant Arch Insurance Company damages of $19,998,452.43, inclusive of costs and interest, against third-party plaintiff Bovis Lend Lease (LMB), Inc., and bringing up for review orders, same court and Justice, entered on or about December 27, 2021, and March 7, 2022, which granted Arch's motion in limine to preclude...

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