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GILBANE BUILDING COMPANY v. FORTHILL CONSTRUCTION CORP.

Index No. 652219/18 Appeal No. 1252 Case No. 2023-00020.

222 A.D.3d 521 (2023)

199 N.Y.S.3d 505

2023 NY Slip Op 06478

Gilbane Building Company et al., Respondents, v. Forthill Construction Corp. et al., Appellants. Forthill Construction Corp., Third-Party Plaintiff-Appellant, v. Travelers Casualty and Surety Company of America, Third-Party Defendant-Respondent.

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

Decided December 19, 2023.

Attorney(s) appearing for the Case

Rex Whitehorn & Associates, P.C., Roslyn ( Jonathan M. Cohen of counsel), for appellants.

Peckar & Ambramson, P.C., New York ( Mark A. Snyder of counsel), for respondents.

Concur—Kapnick, J.P., Kennedy, Rodriguez, Pitt-Burke, Rosado, JJ.

Order, Supreme Court, New York County (Sabrina Kraus, J.), entered on June 8, 2022, which insofar as appealed from as limited by the briefs, granted plaintiffs' motion for summary judgment on liability on their first and second causes of action and ordered a trial on damages, unanimously affirmed, with costs.

Supreme Court properly granted summary judgment to plaintiffs on their first and second causes of action as to liability for defendant Forthill Construction...

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