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MAGUIRE CO., INC. v. HERBERT CONST. CO., INC.

No. 94 Civ. 1261 (RLC).

945 F.Supp. 72 (1996)

MAGUIRE COMPANY, INC., Counterclaim Plaintiff, v. HERBERT CONSTRUCTION COMPANY, INC., Counterclaim Defendants.

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

October 30, 1996.

Attorney(s) appearing for the Case

Ross & Cohen, L.L.P. (Charles Fastenberg, Andrew L. Richards, of counsel), New York City, for Herbert Construction Company.

Martin S. Rapaport (Martin S. Rapaport, Karen Newirth, of counsel), New York City, for J.P. Maguire Company, Inc.

AMENDED OPINION

ROBERT L. CARTER, District Judge.

This is a counterclaim action for damages resulting from breach of a subcontract concerning a construction project ("the Roof Modification Project") which involved the installation of two new cooling towers and a piping system at certain floors of the American Express Tower at 3 World Financial Center in Manhattan. Counterclaim plaintiff is J.P. Maguire Company, Inc. ("Maguire") and the counterclaim...

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