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MACQUESTEN GENERAL CONTRACTING, INC. v. HCE, INC.

No. 99 Civ. 8598(JCF).

296 F.Supp.2d 437 (2003)

MACQUESTEN GENERAL CONTRACTING, INC., Plaintiff, v. HCE, INC. and John J. Hildreth, Defendants. HCE, Inc. and John J. Hildreth, Third-Party Plaintiffs, v. Palmer Court Associates, LLC, Rella Fogliano, Sabino Fogliano, and American Motorists Insurance Company, Third-Party Defendants.

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

December 1, 2003.

Attorney(s) appearing for the Case

Peter S. Herman, Esq., McLaughlin & Stern, LLP, New York City, for MacQuesten General Contracting, Inc., Palmer Court Associates, LLC, Rella Fogliano, and Sabino Fogliano.

Joseph P. Paranac Jr., Esq., Robyn M. Gnudi, Esq., St. John & Wayne LLC, Newark, NJ, for HCE, Inc. and John J. Hildreth.

Theodore M. Baum, Ernstrom & Dreste, LLP, Rochester, NY, for American Motorists Ins. Co.

MEMORANDUM OPINION AND ORDER

FRANCIS, United States Magistrate Judge.

This case arises from a dispute between a general contractor and a subcontractor. The general contractor, MacQuesten General Contracting, Inc. ("MacQuesten"), brought suit alleging that the subcontractor, HCE, Inc. ("HCE") failed to complete the work required under contracts between them. HCE counterclaimed, asserting that MacQuesten had locked it out of the worksite and had failed...

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