120 LEXINGTON AVENUE CORP. v. WESCO INSURANCE COMPANY

Index No. 652835/22, Appeal No. 2060, Case No. 2023-04806.

2024 NY Slip Op 02004

120 LEXINGTON AVENUE CORP., Respondent, v. WESCO INSURANCE COMPANY, Appellant.

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

Decided April 16, 2024.


Attorney(s) appearing for the Case

Mound Cotton Wollan & Greengrass LLP, New York ( Kevin F. Buckley of counsel), for appellant.

Denenberg Law Firm, New York ( Deborah J. Denenberg of counsel), for respondent.

Before: Moulton, J.P., Gesmer, González, Rodriguez, Michael, JJ.


Order, Supreme Court, New York County (Suzanne J. Adams, J.), entered April 10, 2023, which denied defendant Wesco Insurance Company's motion to dismiss the complaint with leave to renew after completion of discovery, unanimously reversed, on the law, with costs, the motion to dismiss granted, and the matter remanded for consideration of the imposition of sanctions under 22 NYCRR 130-1.1.

Supreme Court denied defendant's motion in a conclusory decision which contained...

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