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M. J. RUDOLPH CORP. v. LUMBER MUTUAL FIRE INSURANCE CO.

No. 72 C 445.

371 F.Supp. 1325 (1974)

M. J. RUDOLPH CORPORATION, Plaintiff, v. LUMBER MUTUAL FIRE INSURANCE CO., Defendant and Third-Party Plaintiff, v. LURIA INTERNATIONAL et al., Third-Party Defendants.

United States District Court, E. D. New York.

March 12, 1974.

Attorney(s) appearing for the Case

Maccaro, Newmark, Lamb, Dowling & Marchisio, New York City, for plaintiff.

Bigham, Englar, Jones & Houston, New York City, for Lumber Mutual Fire Ins. Co., defendant and third-party plaintiff.

Donovan, Donovan, Maloof & Walsh, New York City, for Luria International & Luria Brothers & Co., Inc., third-party defendants.

McHugh, Heckman, Smith & Leonard, New York City, for Red Star Towing & Transp. Co., third-party defendant.

John J. Langan, Brooklyn, N. Y., for Brooklyn Ship Scrapping Co.

BRUCHHAUSEN, District Judge.

The plaintiff, moves for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting partial summary judgment against the defendant insurer, Lumber Mutual Fire Insurance Co.

This action was commenced to recover the cost of the removal of a sunken vessel, Cape Borer, owned by the plaintiff, M. J. Rudolph Corporation. The pleadings, affidavits, and memorandums indicate that the plaintiff purchased marine insurance...

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