SERVIDONE CONST. CORP. v. ST. PAUL FIRE & MARINE INS. CO.

Nos. 91-CV-943, 91-CV-1170.

911 F.Supp. 560 (1995)

SERVIDONE CONSTRUCTION CORPORATION, Plaintiff, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY and First Bank National Association, Defendants/Counter-claimants, v. Joseph A. SERVIDONE, Victoria Servidone, Goddard & Blum, and Ray Goddard, Additional Defendants on the Counterclaims. SERVIDONE CONSTRUCTION CORPORATION, Plaintiff, v. William BARR, Attorney General of the United States and Charles Bowsher, Comptroller General of the United States, Defendants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY and First Bank National Association, Intervenors, v. Max E. GREENBERG, Cantor, Trager & Toplitz and Naomi Reiss, Additional Defendants on the Cross-Claim. SERVIDONE CONSTRUCTION CORPORATION, Petitioner, v. GODDARD & BLUM, a law partnership; Ray Goddard; and St. Paul Fire & Marine Insurance Company, Respondents. and GODDARD & BLUM, Ray Goddard, Gregory Ronan and Howard Blum, Cross-claimants, v. Naomi REISS, Additional Defendant on the Cross-Claims. and Howard BLUM, Barry Golomb, and The Minority Interest of Goddard & Blum, Cross-claimants, v. Gregory RONAN, Ray Goddard, and The Majority Interest of Goddard & Blum, Cross-claimants.

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

December 11, 1995.


Attorney(s) appearing for the Case

Orseck Law Offices (Gerald Orseck, of counsel), Liberty, New York, for Servidone Const. Corp.

MacKenzie, Smith, Lewis, Michell & Hughes (Nancy L. Pontius, Carter H. Strickland, of counsel), Syracuse, New York, Fabyanske, Svoboda, Westra, Davis & Hart (Gregory T. Spalj, of counsel), Minneapolis, Minnesota, for St. Paul Fire & Marine Ins. Co. and First Bank Nat. Ass'n.

De Luca & Forster (Thomas G. De Luca, of counsel), White Plains, New York, for St. Paul Fire & Marine Ins. Co.

Goddard, Ronan & Dineen (Joseph Dineen, of counsel), New York City, for the Majority Interest of Goddard & Blum, Ray Goddard, and Gregory Ronan.

Stewart A. Jackson, New York City, for Naomi Reiss.

Max E. Greenberg, Trager, Toplitz & Herbst (Kalvin Kamien, of counsel), New York City, for Max E. Greenberg, Cantor, Trager & Toplitz.

Rivelis, Pawa & Blum (Barry Golomb, of counsel), New York City, for the Minority Interest of Goddard & Blum, Howard Blum, and Barry Golomb.


MEMORANDUM-DECISION AND ORDER

INTRODUCTION

McCURN, Senior District Judge.

St. Paul moves for summary judgment dismissing all claims asserted by Ray Goddard to any of the interpleaded funds (approx. $5 million). St. Paul bases this motion upon its assertion that under New York law, Mr. Goddard's alleged fee agreement and charging lien upon which he bases his claim are unenforceable because Mr. Goddard is not authorized to practice law in New York...

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