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WAUSAU BUSINESS INS. CO. v. TURNER CONST. CO.

No. 99 CIV. 0682(RWS).

143 F.Supp.2d 336 (2001)

WAUSAU BUSINESS INSURANCE COMPANY as subrogee to the rights of Central Synagogue, Plaintiff, v. TURNER CONSTRUCTION COMPANY, Amis Inc. and Aris Development Corporation, Defendants. Turner Construction Company, Third-Party Plaintiff, v. Trident Mechanical Systems, Inc., Trident Mechanical Systems, Inc., a division of Dualstar Technologies Corp., Trident Mechanical Systems, Inc., a wholly-owned subsidiary of Dualstar Technologies Corp., Dualstar Technologies Corp., Atkinson Koven Feinberg Engineers LLP, Schuman Lichtenstein Claman Efron Architects, Central Synagogue, and Amtex Electrical Corp., Third-Party Defendants. Central Synagogue, Fourth-Party Plaintiff, v. ACCORDIA, INC. and Accordia, Inc., d/b/a Accordia Northeast, Fourth-Party Defendants.

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

May 9, 2001.

Attorney(s) appearing for the Case

Cozen & O'Connor by Michael J. Sommi, Christopher C. Fallon, Jr., New York City, for Wausau Business Insurance Company.

Friedman Kaplan Seiler & Adelman, New York by Bruce S. Kaplan, Robert D. Kaplan, Andrew R. Greengrass, Central Synagogue, NY, for Plaintiffs.

Lester, Schwab, Katz & Dwyer by Seth I. Weinstein, New York City, for Defendant Amis Inc.

Palmeri & Gaven by John J. Palmeri, New York City, Torino & Bernstein, Mineola, NY, for Defendant Aris Development Corp.

Jones Hirsch Connors & Bull by Chris Christofides, James H. Rodgers, New York City, for Defendant/Third-Party Plaintiff.

Margolis Edelstein by Michael P. McKenna, Philadelphia, PA, McKeegan, McShane & Drago by George P. McKeegan, New York City, for Trident Mechanical Systems, Inc.,

Milber Makris Plousadis & Seiden, by Peter Seiden, White Plains, NY, for Schuman Lichtenstein Claman Efron.

Gogick, Byrne & O'Neill by Stephen P. Schreckinger, New York City, for Atkinson Koven Feinberg Engineers.

OPINION

SWEET, District Judge.

Defendant and third-party plaintiff Turner Construction Company, Inc. ("Turner") has moved for summary judgment (1) dismissing the complaint of Central Synagogue Sanctuary ("Central Synagogue" or the "Synagogue"); or, in the alternative (2) contractual indemnity from Central Synagogue for the negligence of any subcontractor, including third-party defendants Amis, Inc. ...

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