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INSURANCE CO. OF NORTH AMERICA v. HISTORIC COHOES II

No. 86-CV-1107 (CGC).

879 F.Supp. 222 (1995)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. HISTORIC COHOES II, et al., Defendants.

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

February 13, 1995.

Attorney(s) appearing for the Case

Mary Ann D. Allen, Bouck, Holloway, Kiernan and Casey, Albany, NY, for Insurance Co. of North America.

John H. Beaumont, Rowley, Forrest, O'Donnell & Hite P.C., Albany, NY, for Historic Cohoes II.

J. Christopher Kohn, Robert M. Hollis, Brendan Collins, Civ. Div., U.S. Dept. of Justice, Washington, DC, for the Secretary of Housing and Urban Development.

McClung, Peters & Simon, Albany, NY, for Wayne L. Weaver & Associates, Inc. and Wayne L. Weaver.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, for Boston Architectural Team, Inc.

Bond, Schoeneck & King, Albany, NY, for Basser Builders, Inc.

Murry S. Brower, Arthur H. Thorn, Thorn and Gershon, Albany, NY, St. Paul Fire & Marine.

Fred J. Hutchison, Donohue, Sabo, Varley & Armstrong, P.C., Albany, NY, for Continental Cas. Co. and Beltrone Const. Co.

Thomas M. Hirschen, Friedman, Hirschen, Miller, Coughlin & Campito, P.C., Schenectady, NY, for A. Ritz Demolition and Wrecking, Inc.

MEMORANDUM DECISION

CHIN, District Judge.1

The following motions are before the Court:

Insurance Company of North America ("INA") moves for summary judgment on its claim for a declaratory judgment that it has no obligation under the insurance policy at issue in this case to make any payments upon the alleged loss in question.

The Department of Housing and Urban Development ("HUD") moves for summary judgment...

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