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DYNAMIC EVENT GROUP, INC. v. PENSKE TRUCK LEASING CO., L.P.

Index No. 652160/21. Appeal No. 906. Case No. 2022-03916.

220 A.D.3d 592 (2023)

196 N.Y.S.3d 723

2023 NY Slip Op 05444

Dynamic Event Group, Inc., Appellant, v. Penske Truck Leasing Co., L.P., et al., Respondents.

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

Decided October 26, 2023.

Attorney(s) appearing for the Case

Duane Morris LLP, New York (Thomas R. Newman and Robert M. Palumbos of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for Penske Truck Leasing Co., L.P. and Penske Truck Leasing Corporation, respondents.

Lewis Brisbois Bisgaard Smith LLP, New York (Nicholas P. Hurzeler of counsel), for Old Republic Insurance Company, respondent.

Vogrin & Frimet LLP, New York (Walter D. Santiago, Jr. of counsel), for appellant.

Concur—Webber, J.P., Moulton, González, Kennedy, JJ.

Judgment, Supreme Court, New York County (Arlene R. Bluth, J.), entered August 17, 2022, dismissing the amended complaint, and bringing up for review an order, same court and Justice, entered August 4, 2022, which granted defendants' cross-motions for summary judgment dismissing the amended complaint and denied plaintiff's motion for summary judgment, unanimously affirmed, without costs.

The court properly concluded that defendant Penske's tender of full payment of...

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