L. G. DEFELICE & SON v. GLOBE INDEMNITY CO.


189 F.Supp. 455 (1960)

L. G. DEFELICE & SON, Plaintiff, v. GLOBE INDEMNITY CO., A. J. Santaniello, Inc., Clement Anthony Battifarano and Alfred Emilio Battifarano, copartners doing business under the firm name and style of Battifarano Trucking Company, Defendants.

United States District Court S. D. New York.

Supplemental Opinion August 11, 1960.


Attorney(s) appearing for the Case

Jacob I. Goodstein, New York City, for plaintiff.

Nevius, Jarvis & Pilz, New York City, for Globe Indemnity Co.

William Mertens, New York City, for defendant subcontractor.


THOMAS F. MURPHY, District Judge.

This claim for damages is brought by a general contractor against a joint venture subcontractor and its surety, and has its origins in the construction of part of the New York State Thruway. Jurisdiction is based on diverse citizenship.

Plaintiff entered into a contract with the Thruway Authority and subcontracted part of the work to defendants, a joint venture consisting of A. J. Santaniello, Inc., Clement Anthony Battifarano...

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