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MEISSNER v. RIDGE CONSTR. CORP.

869 CA 22-01590.

2024 NY Slip Op 01445

JILL G. MEISSNER, AS THE EXECUTOR OF THE ESTATE OF WAYNE W. MEISSNER, DECEASED, AND INDIVIDUALLY, Plaintiff-Respondent, v. RIDGE CONSTRUCTION CORPORATION, ET AL., Defendants, and CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, Defendant-Appellant. (Appeal No. 1.)

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

Decided March 15, 2024.

Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), AND MENDES & MOUNT LLP, NEW YORK CITY, FOR DEFENDANT-APPELLANT.

LIPSITZ, PONTERIO & COMERFORD, LLC, BUFFALO ( JOHN N. LIPSITZ OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SMITH, J.P., BANNISTER, OGDEN, GREENWOOD, AND DELCONTE, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (John J. Ark, J.), entered September 2, 2022. The judgment awarded plaintiff money damages against defendant Certain Underwriters at Lloyd's, London.

It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs, the order entered July 18, 2022 is modified on the law by denying plaintiff's motion and renewed motion, and as modified the order is affirmed.

Memorandum:<...

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