Legal Opinion

Pike Co. v. Jersen Construction Group, LLC

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 2017Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered October 27, 2015. The order granted the motion of The Pike Company, Inc. and Fidelity and Deposit Company of Maryland to dismiss the counterclaim for fraud against The Pike Company, Inc. in action No. 1.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the fifth counterclaim of Jersen Construction Group, LLC in action No. 1 is reinstated.

Memorandum: In these three consolidated actions, Jersen Construction Group, LLC…

2Cases cited13 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
  3. Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
  4. Deerfield Communications Corp. v. Chesebrough-Ponds, Inc.New York Court of Appeals · 1986
  5. Pludeman v. NORTHERN LEASINGNew York Court of Appeals · 2008

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