US Underwriters Ins. Co. v Harborside Holding P.J., LLC

US Underwriters Ins. Co. v Harborside Holding P.J., LLC 2019 NY Slip Op 05432 Decided on July 3, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 3, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
HECTOR D. LASALLE, JJ.
2018-00244
(Index No. 603821/15)

[*1]US Underwriters Insurance Company, respondent,

v

Harborside Holding P.J., LLC, appellant.

Gruenberg Kelly Della, Ronkonkoma, NY (Zachary M. Beriloff of counsel), for appellant.

DECISION & ORDER

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Sanford Neil Berland, J.), dated October 13, 2017. The order denied the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, without costs or disbursements, for reasons stated by Justice Sanford Neil Berland at the Supreme Court.

AUSTIN, J.P., LEVENTHAL, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court