Von Sengbusch v. Les Bateaux De New York, Inc.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about July 29, 2014, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the complaint and the cross claims against it and for judgment on its counterclaim for attorneys’ fees without prejudice to renewal after discovery, unanimously modified, on the law, to the extent of granting the motion with respect to the negligence, indemnity and diminution of value causes of action, and otherwise affirmed, without costs.

The motion court properly determined that…