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AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY v. MJM ASSOCIATES CONTRUCTION, LLC

No. 12-cv-0080 (ENV).

AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, Plaintiff, v. MJM ASSOCIATES CONSTRUCTION LLC and HARVEY BRILL, Defendants.

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

July 3, 2012.

Attorney(s) appearing for the Case

American Empire Surplus Lines Insurance Company, Plaintiff, represented by Dominic M. Pisani, L'Abbate, Balkan, Colavita & Continin, L.L.P. & Richard P. Byrne, L'Abbate Balkan Colavita & Contini, LLP.

MJM Associates Contruction, LLC, Defendant, represented by Alan J. Firestone, Firestone & Harris.

Harvey Brill, an individual as executor of the Estate of Shirley Brill, Defendant, represented by Ryan Long, Sanders Long LLP.

MJM Associates Contruction, LLC, Counter Claimant, represented by Alan J. Firestone, Firestone & Harris.

American Empire Surplus Lines Insurance Company, Counter Defendant, represented by Dominic M. Pisani, L'Abbate, Balkan, Colavita & Continin, L.L.P. & Richard P. Byrne, L'Abbate Balkan Colavita & Contini, LLP.

ORDER

ERIC N. VITALIANO, District Judge.

In the instant action, plaintiff American Empire Surplus Lines Insurance Company ("American Empire") seeks relief under the Declaratory Judgment Act: a declaration that it owes no obligation, under the insurance policies it issued to defendant MJM Associates Construction LLC ("MJM"), to defend or indemnify MJM in connection with claims asserted against MJM by co-defendant Harvey Brill in an underlying civil tort action...

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