MUNDO DEVELOPERS, LTD., Plaintiff,
v.
WICKLOW ASSOCIATES, Bay Ridge Lumber Co., Inc., S.J.S. Signal & Communications Corp., Adco Distributing Co., Inc., Defendants,
St. Paul Fire and Marine Insurance Company, Defendant,
brought in as a party to answer the counterclaim herein.
MUNDO DEVELOPERS, LTD. and St. Paul Fire and Marine Insurance Company, Third-Party Plaintiffs,
v.
Randall RIFELLI, Expo Building and Supply Corp., MSC Industries, Inc., Deniet Electric Corp., Michael Roberts Co., Inc., Director Door Corp., North Shore Plumbing Supply Co., Inc., John R. Jorno, Combustion Protection Corp., Westchester Federal Savings & Loan Association, Louis Goodman, George Langer, and Samuel Pierce, Secretary of the United States Department of Housing and Urban Development, Third-Party Defendants.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
May 18, 1984.
May 18, 1984.
Attorney(s) appearing for the Case
Tunstead, Schecter & Torre, New York City, for third-party plaintiffs Mundo Developers, Ltd., and St. Paul Fire and Marine Ins. Co.; Dan M. Rice, New York City, of counsel.
Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for third-party defendant Samuel Pierce, Secretary of the Department of Housing and Urban Development; Franklin H. Stone, Asst. U.S. Atty., New York City, of counsel.
McGoey & Martirano, New Rochelle, N.Y., for defendant Wicklow Associates.
Strugats & Fertig, Hicksville, N.Y., for defendant S.J.S. Signal & Communications Corp.
Aurnou, Bobrow, Greenapple, Kurzman & Midler, White Plains, N.Y., for defendant Adco Distributing Co., Inc.
Nicholas Tarallo, New Rochelle, N.Y., for third-party defendant Expo Building and Supply Corp.
Cooper & Roberts, Garden City, N.Y., for third-party defendant Director Door Corp.
Schupak, Rosenfeld, Fischbein, Bernstein & Tannenhauser, New York City, for third-party defendant North Shore Plumbing Supply Co., Inc.
Kelly & Sluys, Pearl River, N.Y., for third-party defendant John Jorno.
Ross & Cohen, New York City, for third-party defendant Combustion Protection.
Paul J. Prinzivalli, New Rochelle, N.Y., for third-party defendant Westchester Federal Savings Bank.
Hart & Hume, New York City, for third-party defendant Louis Goodman.
Olnick, Boxer, Blumberg, Lane & Troy, New York City, for third-party defendant George A. Langer.
United States District Court, S.D. New York.
OPINION
EDWARD WEINFELD, District Judge.
The Secretary of the Department of Housing and Urban Development ("HUD"), a third-party defendant, moves to dismiss the action for lack of subject matter jurisdiction. The motion is granted.
In November 1981, Mundo Developers, Ltd. ("Mundo") contracted with Wicklow Associates ("Wicklow"), the owner of three properties in New Rochelle, New York, to perform all the work and furnish all the building materials...
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