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MENORAH NURSING HOME v. ZUKOV

153 A.D.2d 13 (1989)

Menorah Nursing Home, Inc., Formerly Known as Menorah Nursing Home Company, Inc., et al., Plaintiffs, v. Nikita Zukov et al., Defendants, and Travelers Indemnity Company, Defendant and Third-Party Plaintiff-Appellant. Alumni Plumbing & Heating Corp. et al., Third-Party Defendants-Respondents. (And Fourth- and Fifth-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1989

Attorney(s) appearing for the Case

Friedman, Wang & Bleiberg, P. C. (Arthur S. Friedman, Peter N. Wang and Susan J. Schwartz of counsel), for defendant third-party plaintiff-appellant.

Lester Schwab Katz & Dwyer (Steven B. Prystowsky and Eric A. Portuguese of counsel), for Alumni Plumbing & Heating Corp., third-party defendant-respondent.

Rubin & Tablante (Albert S. Tablante, Jr., and Jane R. Svoboda of counsel), for Jaffie Mechanical, Inc., and Loxcreen Architectural Products Corp., third-party defendants-respondents.

Popkin & Rothberg (Neal S. Spector of counsel), for Craft Roofing and Waterproofing, Inc., formerly known as Craft Roofing Corp., third-party defendant-respondent.

Gottesman, Wolgel, Smith & Secunda, P. C. (Kenneth W. Malamy of counsel), for National Bonding and Accident Insurance Company, third-party defendant-respondent.

RUBIN, HARWOOD and BALLETTA, JJ., concur.

BRACKEN, J. P.

The plaintiffs have sued several parties whom they allege to have been responsible for economic losses suffered in connection with a construction project. The plaintiffs seek to impose liability upon the defendant and third-party plaintiff Travelers Indemnity Company (hereinafter Travelers) on the theory that Travelers is legally responsible as a surety for the alleged failure of the project's...

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