CAPASSO v. CIGNA INS. CO.

No. 90 Civ. 0263(MEL).

765 F.Supp. 839 (1991)

Nancy R. CAPASSO, Plaintiff, v. CIGNA INSURANCE COMPANY (f/k/a Aetna Insurance Company), Cigna Fire Underwriters Insurance Company (f/k/a Aetna Fire Underwriters Insurance Company, European American Bank, Carl A. Capasso, Nanco Contracting Corp., Nanco Equipment Corp. n/k/a Underground Equipment, Ltd., Nanco Concrete Corp. n/k/a Review Supplies, Inc., Capasso Contracting Corp., Big City Contracting Corp., HHM Associates, Inc., Corroon & Black/Contractors Planning Group, Inc., (f/k/a Contractors Planning Group, Inc.), Richard Ferrucci, Frank McCranie, Thomas Bean, Neil Donovan, John K. Levenson, Philip Limanni, "John and Jane Does 1-10" and "XYZ Corporations", Defendants.

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

June 10, 1991.


Attorney(s) appearing for the Case

Leavy Rosensweig & Hyman, New York City (Steven J. Hyman, Paul H. Levinson, of counsel), for plaintiff.

Calinoff & Katz, New York City (Thomas A. Martin, of counsel), Winston & Strawn, New York City (Anthony J. D'Auria, Joseph DiBenedetto, Thomas J. Quigley, Deborah Winograd, of counsel), for defendants CIGNA [Property & Cas.] Ins. Co. (f/k/a Aetna Ins. Co.), CIGNA Fire Underwriters Ins. Co. (f/k/a Aetna Fire Underwriters Ins. Co.), Frank McCranie, Thomas Bean, Neil Donovan and John Levenson.

Albanese, Albanese & Fiore, Garden City, N.Y. (Amy Sekuler, Richard Metli, of counsel), for defendants European American Bank and Philip Limanni.

Goldman & Hafetz, New York City (Frederick P. Hafetz, Jeremy Gutman, Adam Thurschwell, of counsel), Jay Goldberg, New York City, for defendants Carl A. Capasso, Nanco Contracting Corp., Nanco Equipment Corp., Nanco Concrete Corp., n/k/a Review Supplies, Inc., Capasso Concrete Corp., Big City Contracting Corp.

Wilson Elser Moskowitz, Edelman & Dicker, New York City (Wayne E. Borgeest, Phyllis A. Ingram, Timothy J. Sheehan, of counsel), for defendants Corroon & Black/Contractors Planning Group, Inc. and Richard Ferrucci.


LASKER, District Judge.

Carl and Nancy Capasso were married in 1971 and divorced in 1985. During the time of their marriage, the couple accumulated substantial wealth through the operation of Nanco Construction Corp. ("NCC"), a contracting company owned by Carl Capasso which was the primary sewer contractor for the City of New York.

Nancy Capasso alleges that Carl Capasso formed new corporations for the purpose of diverting assets away from NCC and thereby...

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