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RCM TECH. INC. v. MARIC MECH., INC.

Index No. 655299/21. Appeal No. 456. Case No. 2022-03397.

217 A.D.3d 513 (2023)

191 N.Y.S.3d 31

2023 NY Slip Op 03210

RCM Technologies Inc., Appellant, v. Maric Mechanical, Inc., et al., Respondents, et al., Defendant.

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

Decided June 13, 2023.

Attorney(s) appearing for the Case

Sills Cummis & Gross P.C., New York ( Keith R. Hemming of counsel), for appellant.

Ruskin Moscou Faltischek, P.C., Uniondale ( E. Christopher Murray of counsel), for Maric Mechanical, Inc., respondent.

Flesichner Potash, LLP, New York ( Alexandra E. Rigney of counsel), for Allied World Assurance Company (U.S.) Inc., respondent.

Concur— Kapnick, J.P., Friedman, Gesmer, González, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Melissa Crane, J.), entered July 11, 2022, which, to the extent appealed from as limited by the briefs, granted defendant Maric Mechanical, Inc.'s motion to dismiss the complaint in its entirety, unanimously modified, on the law, the motion denied as to defendant Allied World Assurance Company (U.S.) Inc., the claims as asserted against Allied reinstated, and otherwise affirmed, without costs.

Plaintiff RCM Technologies, Inc...

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