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NOVA CAS. CO. v. LIBERTY MUT. INS. CO.

No. 06-CV-3254 (CM).

540 F.Supp.2d 476 (2008)

NOVA CASUALTY COMPANY, for itself and as assignee of the claims of Cole Mechanical Corp., Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant and Third-Party Plaintiff v. AWL Industries, Inc., Third-Party Defendant and Fourth-Party Plaintiff v. Dormitory Authority of the State of New York, Fourth-Party Defendant.

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

March 19, 2008.

Attorney(s) appearing for the Case

Michael Roy Galina, Michael P. Giampilis, Rabinowitz & Galina, Esqs., Mineola, NY, Thomas David Czik, Thomas D. Czik, Esq, Roslyn, NY, for Plaintiff.

Mark Steven Gamell, Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho, NY, for Defendant and Third-Party Plaintiff.

Ira Martin Schulman, Consuelo Alden Vasquez, Mazur, Carp & Rubin, P.C., New York, NY, for Third-Party Defendant and Fourth-Party Plaintiff.

Steven C. Brown, NYC Law Department, Office of the Corporation Counsel, New York, NY, for Fourth-Party Defendant.

DECISION AND ORDER GRANTING (1) DASNY'S MOTION FOR SUMMARY JUDGMENT AND (2) LIBERTY AND AWL'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

McMAHON, District Judge:

AWL Industries, Inc. ("AWL"), as contractor, entered into a written agreement with the Dormitory Authority of the State of New York (the "DASNY") for the construction of a public improvement project in New York, New York. The Complaint alleges that AWL wrongfully terminated a subcontractor, Cole...

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