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CHARTER OAK FIRE INSURANCE COMPANY v. TRI-COUNTY FIRE & SAFETY EQUIPMENT CO.

Civil Action No. 06-2160 (DRH)(MLO).

636 F.Supp.2d 193 (2009)

CHARTER OAK FIRE INSURANCE COMPANY a/s/o Sunway Associates, and Liberty Mutual Fire Insurance Company a/s/o Carpet Emporium, Plaintiffs, v. TRI-COUNTY FIRE & SAFETY EQUIPMENT CO., and Bread & Butter, LLC, Defendants. Bread & Butter LLC., d/b/a Sweeney's American Grill, Third-Party Plaintiff, v. L.B. Kitchen Equipment Company and American Hood & Exhaust, Inc., Third-Party Defendants.

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

April 27, 2009.

Attorney(s) appearing for the Case

Sheps Law Group, by Robert C. Sheps, Esq., Melville, NY, for Plaintiff Charter Oak Fire Insurance Company.

Cozen & O'Connor, by Mark E. Utke, Esq., Philadelphia, PA, for Plaintiff Liberty Mutual Fire Insurance Company.

Rubin, Fiorella & Friedman LLP, by Paul Frederic Kovner, Esq., New York, NY, for Defendant/Third Party Plaintiff Tri-County Fire & Safety Equip. Co.

Nelson Levine deLuca & Horst, by Konstantinos Katsaros, Esq., New York, NY, for Defendant Bread & Butter LLC.

Law Offices of Craig P. Curcio, by Timothy P. Blum, Esq., Middletown, NY, for Third Party Defendant American Hood & Exhaust, Inc.

HURLEY, Senior District Judge:

Presently before the Court are two motions for summary judgment. The first motion is by Defendant/Third-Party Plaintiff Bread & Butter, LLC d/b/a/ B.K. Sweeney's American Grill ("Sweeneys") and seeks summary judgment on Plaintiffs' claims against it, as well as all crossclaims and counterclaims. The second motion is by Third Party Defendant American Hood and Exhaust, Inc. ("American Hood") and seeks summary judgment on the third...

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