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  5. 593 F.Supp.2d 464 (2008)
 

DART MECHANICAL CORP. v. XL SPECIALTY INS.

Nos. 06-CV-2457 (ENV)(MDG), 06-CV-1933 (ENV)(MDG).

593 F.Supp.2d 464 (2008)

DART MECHANICAL CORPORATION, Plaintiff, v. XL SPECIALTY INSURANCE, Defendant. Franco Belli Plumbing and Heating & Sons, Inc., Plaintiff, v. XL Specialty Insurance, Defendant.

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

September 30, 2008.

Attorney(s) appearing for the Case

Marvin Schechter, Michael D. Ganz, Jeremy R. Kalina, Turnstead Schechter & Czik LLP, Jericho, NY, for Plaintiff.

Lori S. Schwarz, Zetlin & Dechiara LLP, New York, NY, for Defendant.

MEMORANDUM AND ORDER

VITALIANO, District Judge.

Plaintiffs Dart Mechanical Corporation ("Dart") and Franco Belli Plumbing and Heating & Sons, Inc. ("Franco Belli") (together the "plaintiffs") brought these actions against Defendant XL Specialty Insurance ("XL") to assert claims arising out of construction contracts. XL has now moved for partial summary judgment pursuant to Federal Rule of Civil Procedure 56, seeking dismissal of Dart's third and...

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