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PLAZA EQUITIES CORP. v. AETNA CASUALTY AND SURETY CO.

No. 71 Civ. 81.

372 F.Supp. 1325 (1974)

PLAZA EQUITIES CORP. and Jefferson Plaza Associates, a Limited Partnership, Plaintiffs, v. The AETNA CASUALTY AND SURETY COMPANY et al., Defendants.

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

March 19, 1974.

Attorney(s) appearing for the Case

Dreyer & Traub, New York City, for plaintiffs; Leonard Holland, Thomas C. Lambert, New York City, of counsel.

J. Robert Morris, New York City, for defendant Aetna Casualty and Surety Co.; Edward J. Lonergan, New York City, of counsel.

Gwertzman, Sessler, Nagelberg & Pfeffer, New York City, for defendant Employers' Liability Assurance Corp., Ltd., by Max J. Gwertzman, New York City.

OPINION

BONSAL, District Judge.

On December 21, 1969, part of an Arlington, Virginia office and shopping plaza, on which stood a large metal sculpture of the ancient Egyptian phoenix, collapsed, causing damages to the plaza and to the sculpture in the alleged amount of $187,770.74. The structural damage was later repaired and the plaza restored, but the phoenix, untrue to form, never stood again on the plaza. Plaintiffs, owners of the plaza (known as Jefferson...

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