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LANZAFAME v. TOQUIR CONTRACTING, INC.

No. 04-CV-5365 (JG)(RER).

545 F.Supp.2d 255 (2007)

Santo LANZAFAME in his fiduciary capacity as a Trustee for the Pointers, Cleaners & Caulkers Welfare, Pension & Annuity Funds, and as President of the Bricklayers and Allied Craftworkers Local Union No. 1, B.A.C.I.U., AFL-CIO, Plaintiffs, v. TOQUIR CONTRACTING, INC., Toquir H. Malik a.k.a. Malik Toquir, Jane and/or John Doe Fiduciary, New York Stone Company, Inc. and Arch Insurance Company, Defendants.

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

June 15, 2007.

Attorney(s) appearing for the Case

Carol G. Dell, Marion Myungjin Lim, Holm & O'Hara, LLP, William Edward Nagel, Nagel Law Office, New York, NY, for Plaintiffs.

John Andrew Kokolakis, Kokolakis & Associates, Brooklyn, NY, John L. Russo, Law Offices of John L. Russo, Astoria, NY, for Defendants.

REPORT AND RECOMMENDATION

RAMON E. REYES, JR., United States Magistrate Judge.

Introduction

Plaintiff Santo Lanzafame, as trustee of the Pointers, Cleaners & Caulkers Welfare, Pension & Annuity Funds (the "Funds"), and president of the Bricklayers and Allied Craftworkers Local Union No. 1, B.A.C.I.U., AFL-CIO (the "Union"), brings this action against defendants, Toquir Contracting, Inc. ("Toquir Contracting") and Toquir H...

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