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IN RE METRO CONCRETE CORP.

Bankruptcy No. 889-90567-20, Adv. No. 891-8078-20.

157 B.R. 215 (1993)

In re METRO CONCRETE CORP., Debtor. METRO CONCRETE CORP., Plaintiff, v. DeFILLIPIS TOWER CRANE CORPORATION, Crum & Forster — United States Fire Insurance Company of Pittsburgh, and American Home Insurance — American International Companies, Defendants.

United States Bankruptcy Court, E.D. New York, at Westbury.

August 12, 1993.

Attorney(s) appearing for the Case

Jesse I. Levine, Jesse I. Levine, P.C., Garden City, NY, for Metro Concrete Corp.

Harold A. Craig, Craig & Jacobson, East Islip, NY, for Royal Ins. Co.

Harriet D. Feuer, Alio and Cajati, New York City, for DeFillipis Tower Crane Corp.

Ira Greenhill, New York City, for Crum & Forster and U.S. Fire Ins. Co. of Pittsburgh.

Michael C. Modansky, Bivona & Cohen, New York City, for American Home Ins. Intern. Companies.

DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT, PARTIAL SUMMARY JUDGMENT, AND TO INTERVENE

ROBERT JOHN HALL, Bankruptcy Judge.

PRELIMINARY STATEMENT

Three motions are before the Court: the first is a motion for summary judgment ("Motion") by an above-referenced co-defendant, United States Fire Insurance Company (sued as Crum & Forster — United States Fire Insurance Company of Pittsburgh, hereinafter "Crum & Forster...

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