LORETTO-UTICA v. DOUGLAS CO.


165 Misc.2d 1004 (1995)

630 N.Y.S.2d 917

Loretto-Utica Properties Corporation, Plaintiff, v. Douglas Company et al., Defendants. Douglas Company, Third-Party Plaintiff, v. Integrated Waste Special Services, Inc., Third-Party Defendant.

Supreme Court, Onondaga County.

August 4, 1995


Attorney(s) appearing for the Case

Byrne, Costello & Pickard, P. C., Syracuse (John R. Brennan of counsel), for plaintiff. Evans, Bankert, Cohen, Lutz & Panzone, Utica (Robert J. Lutz of counsel), for Douglas Company, defendant and third-party plaintiff. Costello, Cooney & Fearon, Syracuse (James Gascon of counsel), for Commercial Union Insurance Company, defendant.


JAMES C. TORMEY III, J.

The plaintiff has brought a motion for partial summary judgment, which in principle part requests the court to find that the damage sustained by the frost heave is a covered event under the provisions of the builder's risk insurance policy. Defendant Douglas Company has presented a cross motion joining the relief requested by the plaintiff. Defendant Commercial Union has made a cross...

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