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TRAVELERS INDEM. CO. v. 28 EAST 70TH ST. CONST. CO.

No. 01 Civ. 3001(JGK).

296 F.Supp.2d 476 (2003)

The TRAVELERS INDEMNITY COMPANY OF ILLINOIS a/s/o Prada USA Corp. and Madison Development Corp., Plaintiff, v. 28 EAST 70TH STRET CONSTRUCTION COMPANY, INC., Bovis Lend Lease LMB, Inc., Breyer Blinder Belle, Architects & Planners LLP, A.D. Winston Corp., Giamboi Bros., Inc., Pawl Fire Protection Corp., and Mocar Construction Co., Inc. Defendants. 28 East 70th Street Construction Company, Inc. and Bovis Lend Lease LMB, Inc., Third-Party Plaintiffs, v. Sirina Fire Protection Corp. and Coordinated Metals, Inc., Third-Party Defendants.

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

December 22, 2003.

Attorney(s) appearing for the Case

Michael B. Golden, R. Kelley Franco, Robinson & Cole, L.L.P., New York City, for Plaintiffs.

Charles D. Cole, Jr., Ian Foster Harris, Newman, Fitch, Altheim, Myers, P.C., Daniel J. Friedman, Eugene R. Scheiman, Robert S. Bernstein, Buchanan Ingersoll, P.C., New York City, for Defendants.

Christopher A. South, Law Offices of Charles J. Siegel, New York City, for Third Party Defendant.

OPINION and ORDER

KOELTL, District Judge.

This case involves the flooding of a Prada store allegedly caused by a frozen water pipe that burst. A suit was filed by Travelers Indemnity Company of Illinois ("Travelers"), as property insurer and subrogee of Prada USA Corp. ("Prada") and Madison Development Corp. ("Madison Development"), the owner of the premises.1 The plaintiff claims that the pipe froze because the roll-down...

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