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LEAHEY v. SP CENTER, LLC

14 Civ. 7411 (RWS).

579 B.R. 13 (2017)

William LEAHEY and Lauren Leahey, Plaintiffs, v. SP CENTER, LLC, Mall 1-Bay Plaza, LLC, a/k/a Bay Plaza, LLC a/k/a Bay Plaza Mall, LLC, Aurora Contractors, Inc. and Macy's, Inc., Defendants. SP Center, LLC, Mall 1-Bay Plaza, LLC, a/k/a Bay Plaza, LLC, a/k/a Bay Plaza Mall, LLC, Third-Party Plaintiffs, v. Global Precast Inc., Unistress Corp. and Precast Services, Inc., Third-Party Defendants. Aurora Contractors, Inc., Fourth-Party Plaintiffs, v. Unistress Corp. and Precast Services, Inc., Fourth-Party Defendants. Precast Services, Inc. Fifth-Party Plaintiffs, v. Ruttura & Sons Construction Co., Inc., and Construction & Realty Safety Group d/b/a CR Safety Group, Fifth-Party Defendants. Mall 1-Bay Plaza, LLC a/k/a Bay Plaza, LLC a/k/a Bay Plaza Mall, LLC and Aurora Contractors, Inc., Sixth-Party Plaintiffs, v. Construction & Realty Safety Group, Inc., Ruttura & Sons Co., Inc., Ruttura & Sons Construction Co., Inc., and Construction & Realty Safety Group, Inc., Sixth-Party Defendants.

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

Filed November 6, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1332ac
Cause: 28 U.S.C. § 1332ac Diversity - Account Receivable
Nature of Suit: 360 P.I.: Other
Source: PACER

Attorney(s) appearing for the Case

Attorneys for Plaintiffs: NAPOLI SHKOLNIK, PPLC, 360 Lexington Avenue, 11th Floor, New York, NY 11017, By: Joseph P. Napoli, Esq.

Attorneys Third-Party Plaintiffs/Fourth-Party Plaintiffs/Sixth-Party Plaintiffs: LAW OFFICE OF JAMES J. TOOMEY, 485 Lexington Avenue, 7th Floor, New York, NY 10017, By: John C. Spataro, Esq.

Attorneys for Third/Fourth-Party Defendant/Fifth-Party Plaintiff: LEWIS JOHS AVALLONES AVILES, LLP, 61 Broadway, Suite 2000, New York, NY 10006, By: David L. Metzger, Esq.

OPINION

Third- and fourth-party Defendant/fifth-party Plaintiff Precast Services, Inc. ("Precast") and sixth-party Plaintiffs Mall 1-Bay Plaza ("Bay Plaza") and Aurora Contractors, Inc. ("Aurora") (collectively, the "Defendants") have moved pursuant to Fed. R. Civ. P. Rule 56 for summary judgment to dismiss the Complaint (the...

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