V.A.L. Floors, Inc. v. Marson Contracting Co.

Judgment, Supreme Court, New York County (Ellen M. Coin, J.), entered December 7, 2012, dismissing the complaint as against defendant Travelers Casualty and Surety Company of America (Travelers), unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about September 4, 2012, which granted Travelers’ motion for summary judgment dismissing the complaint as against it and denied plaintiffs cross motion for partial summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Beginning in May 2007 and ending on January…