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SUNBELT RENTALS, INC. v. CHARTER OAK FIRE INS. CO.

No. 10 Civ. 5217 FM.

839 F.Supp.2d 680 (2012)

SUNBELT RENTALS, INC. and Liberty Mutual Fire Insurance Company, Plaintiffs, v. CHARTER OAK FIRE INSURANCE COMPANY, and St. Paul Fire and Marine Insurance Company, Defendants.

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

March 14, 2012.

Attorney(s) appearing for the Case

Marshall Todd Potashner, Carolyn Anne Klos, Jaffe & Asher LLP, New York, NY, for Plaintiff.

Thomas Alan Martin, James Mitchell Strauss, Putney Twombly Hall & Hirson LLP, New York, NY, for Defendant.

DECISION AND ORDER

FRANK MAAS, United States Magistrate Judge.

I. Introduction

In August 2008, while washing windows forty feet above ground at the World Financial Center in New York City, Robert and Darin Fabrizio (the "Fabrizios") fell from an 80-foot manlift and died. The manlift had been leased to non-party Shepard Industries, LLC ("Shepard") by plaintiff Sunbelt Rentals, Inc. ("Sunbelt"). After the accident, Sunbelt inquired...

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