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JDS CONSTR. GROUP LLC v. US CRANE & RIGGING LLC

Index Nos. 655044/21, 595216/22, Appeal No. 1751, Case No. 2023-04666.

2024 NY Slip Op 00964

JDS CONSTRUCTION GROUP LLC ET AL., Plaintiffs, 111 WEST 57TH HOLDINGS LLC, Plaintiff-Appellant, v. US CRANE & RIGGING LLC, Defendant-Respondent, NYC CRANE HOIST OPERATIONS LLC, Defendant. (And a Third-Party Action.)

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

Decided February 27, 2024.

Attorney(s) appearing for the Case

Cohen Ziffer Frenchman & McKenna LLP, New York ( Andrew N. Bourne of counsel), for appellant.

Goldberg Segalla LLP, Buffalo ( Meghan M. Brown of counsel), for respondent.

Before: Kern, J.P., Gesmer, Shulman, Rodriguez, Rosado, JJ.

Order, Supreme Court, New York County (Melissa A. Crane, J.), entered August 14, 2023, which, to the extent appealed from as limited by the briefs, granted that portion of defendant US Crane and Rigging's and defendant/third-party plaintiff NYC Crane Hoist Operations, LLC's (defendants) motions for summary judgment dismissing plaintiff 111 West 57th Holdings LLC's (Holdings) claims against them, unanimously affirmed, without costs.

The court properly dismissed Holdings...

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