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FPG CH 94 AMITY, LLC v. PIZZAROTTI, LLC

2020-01173, 2020-03335. Index No. 512149/19.

218 A.D.3d 651 (2023)

193 N.Y.S.3d 205

2023 NY Slip Op 03851

FPG CH 94 Amity, LLC, Appellant, v. Pizzarotti, LLC, Defendant, and Fidelity and Deposit Company of Maryland, Respondent.

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

Decided July 19, 2023.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn, NY ( Robert A. Spolzino and Anthony J. Genovesi, Jr. , of counsel), for appellant.

Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho, NY ( Michael A. Prisco and Mark S. Gamell of counsel), for respondent.

Peckar & Abramson, P.C., New York, NY ( Kevin J. O'Connor and Puja Sharma of counsel), for defendant Pizzarotti, LLC.

Dillon, J.P., Wooten, Ford and Wan, JJ., concur.

In an action to recover damages for breach of contract and for declaratory relief, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Leon Ruchelsman, J.), dated January 2, 2020, and (2) an order of the same court dated March 2, 2020. The order dated January 2, 2020, insofar as appealed from, granted that branch of the motion of the defendant Fidelity and Deposit Company of Maryland which was pursuant to CPLR 3211(a) to dismiss the fourth cause of...

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