FPG CH 94 AMITY, LLC v. PIZZAROTTI, LLC

2020-05068. Index No. 512149/19.

218 A.D.3d 654 (2023)

192 N.Y.S.3d 630

2023 NY Slip Op 03852

FPG CH 94 Amity, LLC, Appellant, v. Pizzarotti, LLC, et al., Respondents.

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.

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

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

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


In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Leon Ruchelsman, J.), dated June 9, 2020. The order denied the plaintiff's motion pursuant to CPLR 603 to sever the action insofar as asserted against the defendant Fidelity and Deposit Company of Maryland, and denied the plaintiff's separate motion for summary judgment on the second cause of action.

Ordered that the order is...

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