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FIRST FINANCIAL v. ALLSTATE INTERIOR DEMOLITION

Nos. 98-7660(L), 98-7689(CON),

193 F.3d 109 (1999)

FIRST FINANCIAL INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellee, v. ALLSTATE INTERIOR DEMOLITION CORP., Defendant-Cross Defendant-Counter Claimant-Appellant, HRH Construction Interiors, Inc., Defendant-Cross Claimant-Counter Claimant-Appellant, The Plaza Hotel; Plaza Operating Partners, Ltd; Fairmont Hotel Management, L.P. and New Plaza Associates, L.L.C., Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 17, 1999.

Attorney(s) appearing for the Case

Marianne Stecich, of counsel, Ponzini, Spencer & Geis, L.L.P., Tarrytown, NY, for Defendant-Cross Defendant-Counter Claimant-Appellant Allstate Interior Demolition Corporation.

John C. Lane, Law Offices of John C. Lane, Glen Rock, NJ, for Plaintiff-Counter Defendant-Appellee First Financial Insurance Company.

Steven H. Kaplan, Jones Hirsch Connors & Bull P.C., New York, NY, for Defendant-Cross Claimant-Counter Claimant-Appellant HRH Construction Interiors, Inc.

Before: McLAUGHLIN and JACOBS, Circuit Judges, and McMAHON, District Judge.

McMAHON, District Judge:

Defendant-Appellants Allstate Interior Demolition Corporation and HRH Construction Interiors, Inc. appeal from a decision of Judge Robert L. Carter, dated April 2, 1998, that sua sponte granted summary judgment for plaintiff-appellee First Financial Insurance Company on its claim for declaratory judgment. They also appeal from a second decision, dated September 3, 1998, denying their motions for reconsideration of the April 2nd decision...

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