WAUSAU BUSINESS INS. CO. v. TURNER CONST. CO.

No. 99 CIV. 0682(RWS).

151 F.Supp.2d 488 (2001)

WAUSAU BUSINESS INSURANCE COMPANY as subrogee to the rights of Central Synagogue, Plaintiff, v. TURNER CONSTRUCTION COMPANY, Amis Inc. and Aris Development Corporation, Defendants. Turner Construction Company, Third-Party Plaintiff, v. Trident Mechanical Systems, Inc., Trident Mechanical Systems, Inc., a division of Dualstar Technologies Corp., Trident Mechanical Systems, Inc., a wholly-owned subsidiary of Dualstar Technologies Corp., Dualstar Technologies Corp., Atkinson Koven Feinberg Engineers LLP, Schuman Lichtenstein Claman Efron Architects, Central Synagogue, and Amtex Electrical Corp., Third-Party Defendants. Central Synagogue, Fourth-Party Plaintiff, v. Accordia, Inc. and Accordia, Inc., d/b/a Accordia Northeast, Fourth-Party Defendants.

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

July 19, 2001.


Attorney(s) appearing for the Case

Cozen & O'Connor, New York City (Michael J. Sommi, Christopher C. Fallon, Jr., of Counsel), for Wausau Business Insurance Company.

Friedman Kaplan Seiler & Adelman, New York City (Bruce S. Kaplan, Robert D. Kaplan, Andrew R. Greengrass, of Counsel), for Central Synagogue.

Lester, Schwab, Katz & Dwyer, New York City (Seth I. Weinstein, of Counsel), for Amis, Inc.

Palmeri & Gaven, New York city (John J. Palmeri, of Counsel), for Aris Development Corp.

Torino & Bernstein, Mineola, NY, for Aris Development Corp.

Jones Hirsch Connors & Bull, New York City (Chris Christofides, James H. Rodgers, of Counsel), for Defendant/Third-Party Plaintiff.

Margolis Edelstein, Philadelphia, PA (Michael P. McKenna, of Counsel) McKeegan, McShane & Drago, New York City (George P. McKeegan, of Counsel), for Trident Mechanical systems, Inc.

Milber Makris Plousadis & Seiden, White Plains, NY (Peter Seiden, of Counsel), for Schuman Lichtenstein Claman Efron.

Gogick, Byrne & O'Neill, New York City (Stephen P. Schreckinger, of Counsel), for Atkinson Koven Painberg Engineers.


OPINION

SWEET, District Judge.

Defendant Turner Construction Company ("Turner") has moved for leave to file an interlocutory appeal of the following issues: (1) the June 4, 2001 order denying Turner's motion for a mistrial based on an alleged "Mary Carter" agreement between plaintiffs Wausau Business Insurance Company ("Wausau") and Central Synagogue and third-party defendants Trident Mechanical Systems...

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