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LIBERTY MAINTENANCE, INC. v. ALLIANT INS. SERVS., INC.

214 CA 22-01315.

215 A.D.3d 1248 (2023)

186 N.Y.S.3d 762

2023 NY Slip Op 02210

Liberty Maintenance, Inc., Respondent, v. Alliant Insurance Services, Inc., Appellant.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

GORDON REES SCULLY MANSHUKHANI, LLP, NEW YORK CITY (DON WILLENBURG, OF THE CALIFORNIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), FOR DEFENDANT-APPELLANT.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (AMANDA L. MACHACEK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Lindley, Montour, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered August 9, 2022. The order, among other things, granted in part plaintiff's cross-motion for leave to amend the amended complaint and denied defendant's motion to dismiss the amended complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for, inter alia, defendant...

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