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ANIERO CONCRETE COMPANY INC. v. AETNA CAS. AND SUR. CO.

No. 94 Civ.9111 CSH.

301 F.Supp.2d 302 (2004)

ANIERO CONCRETE COMPANY, INC., Plaintiff v. AETNA CASUALTY AND SURETY COMPANY et. al., Defendant.

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

February 3, 2004.

Attorney(s) appearing for the Case

Charles M. Carella, Carella, Byrne, Baine, Gilfillan, Cecchi, Stewart & Olstein, Roseland, NJ, for Aniero Concrete Co., Inc.

Paul A. Crotty, Corp. Counsel of the City of NY, New York, NY, for New York City School Const. Authority.

Monroe Weiss, Lambert, Weiss & Pisano, Monroe Weiss, Lambert & Weiss, New York, NY, for Aetna Cas. and Sur. Co.

MEMORANDUM

HAIGHT, Senior District Judge.

Following a bench trial, this Court filed its Findings of Fact and Conclusions of Law in an Opinion reported at 2003 WL 23018789 (S.D.N.Y. Dec.23, 2003) (the "December Opinion"), familiarity with which is assumed. The December Opinion resolved all disputes revealed by the trial evidence and the post-trial briefs with respect to the amount plaintiff Aniero Concrete Company, Inc. ("Aniero") was entitled to recover...

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