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GIVOH ASSOCIATES v. AMERICAN DRUGGISTS INS. CO.

No. 82-CV-0737.

562 F.Supp. 1346 (1983)

GIVOH ASSOCIATES & KZHB Associates, Plaintiffs, v. AMERICAN DRUGGISTS INSURANCE COMPANY & International Fidelity Insurance Company, Defendants and Third-Party Plaintiffs, v. VIDAR DRYWALL CORPORATION, Volvo Construction Co., Inc., Simeon Fensterheim, Diane Fensterheim, Stephen Schwartz, Sandra Schwartz, Lawrence Wecker, Peggy Wecker, Bernard Mondry, Alan Sherman, Barbara Sherman, Harry Alex Meltzer, and The Secretary of the United States Department of Housing and Urban Development, Third-Party Defendants.

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

May 5, 1983.

Attorney(s) appearing for the Case

Postner & Rubin by William J. Postner, New York City, for plaintiffs.

Townsend, Rabinowitz, Pantaleoni & Valente, P.C., New York City by Francis Valente, Wolff & Samson by Gage Andretta, West Orange, N.J., for defendants and third-party plaintiffs.

Raymond J. Dearie, U.S. Atty., Eastern Dist. of N.Y. by Ben Wiles, Asst. U.S. Atty., Brooklyn, N.Y., for third-party defendant, HUD.

Wilson, Elser, Edelman & Dicker by James L. Fischer, New York City, for third-party defendant, Harry Alex Meltzer.

DECISION AND ORDER

BRAMWELL, District Judge.

BACKGROUND

This action, originally brought in State Supreme Court, began as a lawsuit by Givoh Associates ("Givoh") and KZHB Associates ("KZHB") against the defendants on a contractors' performance bond. Givoh and KZHB are limited partnerships, each of which is engaged in the rehabilitation of two separate buildings in Brooklyn, New York. Givoh is engaged in the rehabilitation of a building at 658 Montgomery...

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