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ST. PAUL FIRE AND MARINE INS. CO. v. UNIVERSAL BUILDERS SUPPLY

No. 00-CV-04634 (KMW).

317 F.Supp.2d 336 (2004)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY a/s/o the Durst Organization, Inc., and Four Times Square Association, L.L.C., Plaintiffs, v. UNIVERSAL BUILDERS SUPPLY and Tishman Construction Company of New York, Defendants. Universal Builders Supply, Inc., Third-Party Plaintiff, v. TIG Insurance Company, AIU Insurance Company, and Royal Insurance Company of America, Third-Party Defendants.

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

March 31, 2004.

Attorney(s) appearing for the Case

Chris Christofides, L'Abbate, Balkan, Colavita & Contini, LLP, New York, NY, for Plaintiffs.

Justin E. Driscoll, III, Plunkett & Jaffe, P.C., New York, NY, for Defendants and ThirdParty Plaintiff.

Eric A. Portugese, Lester, Schwab, Katz & Dwyer, L.L.P., Sherri N. Robinson, Lustig & Brown, L.L.P., New York, NY, for ThirdParty Defendants.

ORDER

KIMBA M. WOOD, District Judge.

This action arises from the collapse of a 49-story scaffolding structure on a construction site. The insurance company that issued a builder's risk policy for the site seeks to recover from the contractor responsible for the scaffolding approximately $20 million that the insurer paid to cover damages caused by the collapse. The contractor filed a third-party complaint against...

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