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FEDERAL INSURANCE COMPANY v. A-TECH CONCRETE COMPANY, INC.

2015-00346, Index No. 34955/12.

145 A.D.3d 960 (2016)

2016 NY Slip Op 08839

42 N.Y.S.3d 851

FEDERAL INSURANCE COMPANY, Plaintiff, v. A-TECH CONCRETE COMPANY, INC., Appellant, and VILLAGE OF NYACK, Respondent.

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

Decided December 28, 2016.

Ordered that the appeal is dismissed, without costs or disbursements.

The Supreme Court failed to determine that branch of the motion of the defendant A-Tech Concrete Company, Inc. (hereinafter A-Tech), which was for summary judgment dismissing all cross claims asserted against it by the defendant Village of Nyack. Accordingly, since that branch of A-Tech's motion remains pending and undecided, we dismiss the appeal (see Zhiwei Mao v Krantz & Levinson Realty...

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