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GRANITE COMMERCIAL INDUS. v. LANDMARK AME. INS.

No. CV 10-2084(LDW).

909 F.Supp.2d 191 (2012)

GRANITE COMMERCIAL INDUSTRIES, LLC d/b/a/ Granite Industries, Inc. & Granite Mfg. Stoneworks, LLC., Plaintiff, v. LANDMARK AMERICAN INSURANCE COMPANY, Interpleader-Plaintiff, v. Granite Commercial Industries, LLC d/b/a/ Granite Industries, Inc. & Granite Mfg. Stoneworks, LLC., Bill and Joy, LLC., CIT Small Business Lending Corp., Internal Revenue Service, United States Government Department of the Treasury, New York State Department of Taxation and Finance, Dominic Serio and Irwin Commercial Finance Corporation, Equipment Finance, Interpleader-Defendants.

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

December 18, 2012.

Attorney(s) appearing for the Case

Clausen Miller, P.C., By Jacob Royal Zissu, Esq., Once Chase Manhattan Plaza New York, NY, for Landmark American Insurance Company.

Julie C. Avetta, Esq., Assistant United States Attorney, United States Department of Justice, Washington, D.C., for the Internal Revenue Service of the Department of the Treasury, United States of America.

Charles G. Eichinger & Associates, P.C., By Charles G. Eichinger, Esq., Islandia, NY, for Granite Commercial Industries, LLC.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP By Mark G. Ledwin, Esq., White Plains, NY, for CIT Small Business Lending Corporation.

Fallon & Fallon, LLP., By David P. Fallon, Esq., Sayville, New York, for Bill and Joy, LLC.

Lori Peck, Esq. Assistant Attorney General Office of the New York State Attorney General, Hauppauge, New York, for the New York State Department of Taxation and Finance.

Picciano & Scahill, P.C. By Francis Jarlath Scahill, Esq., Westbury, New York, for Dominic Serio.

MEMORANDUM AND ORDER

WEXLER, District Judge:

This action was commenced in the Supreme Court of the State of New York, County of Suffolk, by Plaintiff Granite Commercial Industries, LLC ("Granite") against its insurer, Defendant Landmark American Insurance Company ("Landmark"). The action was thereafter removed by Landmark on the ground of diversity of citizenship (the "Removed Action"). After removal, the Removed Action was settled in the amount of $125...

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