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HILLARY DEV., LLC v. SECURITY TITLE GUAR. CORP. OF BALTIMORE

2021-03186. Index No. 719962/19.

219 A.D.3d 815 (2023)

196 N.Y.S.3d 17

2023 NY Slip Op 04370

Hillary Developer, LLC, Plaintiff, v. Security Title Guarantee Corp. of Baltimore et al., Defendants, and Naomi Cohen-Tsedek, Defendant/Third-Party Plaintiff-Respondent. SSS Settlement Services, LLC, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Skarzynski Marick & Black, LLP, New York, NY ( Juan Luis Garcia and Alexis J. Rogoski of counsel), for third-party defendant-appellant.

Houslanger & Associates, PLLC, Huntington, NY ( Todd E. Houslanger of counsel), for defendant third-party plaintiff-respondent.

Brathwaite Nelson, J.P., Maltese, Wooten and Wan, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the third-party defendant SSS Settlement Services, LLC, appeals from an order of the Supreme Court, Queens County (Carmen R. Velasquez, J.), dated March 30, 2021. The order denied the motion of that third-party defendant pursuant to CPLR 3211(a) to dismiss the third-party causes of action to recover damages for fraudulent concealment and prima facie tort insofar as asserted against it.

Ordered that...

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