RURE ASSOCIATES, INC. v. DiNARDI CONST. CORP.

No. 227, Docket 90-7399.

917 F.2d 1332 (1990)

RURE ASSOCIATES, INC., Plaintiff-Appellant, v. DiNARDI CONSTRUCTION CORP., Hartford Accident and Indemnity Company, and the Board of Education of Bay Shore Union Free School District, Defendants, Hartford Accident and Indemnity Company, and the Board of Education of Bay Shore Union Free School District, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 5, 1990.


Attorney(s) appearing for the Case

Gordon P.R. Posner, Mineola, N.Y. (Steven G. Rubin, Mineola, N.Y., of counsel) for plaintiff-appellant Rure Associates, Inc.

Daniel Greenberg, Northport, N.Y. (Mark S. Kosak, Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger & Reich, Northport, N.Y., of counsel) for defendant-appellee the Board of Educ. of Bay Shore Union Free School Dist.

Joseph D. Stim, Huntington, N.Y. (Stim & Warmuth, Huntington, N.Y.) for defendant-appellee Hartford Accident and Indem. Co.

Before CARDAMONE, Circuit Judge, and POLLACK, Senior District Judge.


MILTON POLLACK, Senior District Judge.

In this diversity case, Plaintiff Rure Associates, Inc. ("Rure"), a subcontractor, appeals from two partial summary judgments against it rendered in the Eastern District of New York, which (1) dismissed as untimely its complaints asserting a mechanic's lien and a claim of an assumption of liability made against Defendant Board of Education of Bay Shore Union Free School District ("School District"), and (2) dismissed as untimely...

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