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UNDERPINNING & FOUNDATION CONSTRUCTORS, INC. v. U.S. FID. & GUAR. CO.

No. 03-CV-5696(ILG).

325 F.Supp.2d 194 (2004)

UNDERPINNING & FOUNDATION CONSTRUCTORS, INC. Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant.

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

July 16, 2004.

Attorney(s) appearing for the Case

Thomas S. Tripodianos, Welby, Brady & Greenblatt, LLP, White Plains, NY, for U.S. Fidelity and Guar. Co.

Alan Winkler, Peckar & Abramson, P.C., New York, NY, for Underpinning & Foundation Constructors, Inc.

MEMORANDUM AND ORDER

GLASSER, District Judge.

I. SUMMARY

Defendant United States Fidelity & Guaranty Company ("USF & G" or "Defendant"), a Maryland corporation, brings this motion seeking summary judgment in an action brought by plaintiff Underpinning & Foundation Constructors, Inc. ("Underpinning" or "Plaintiff"), a New York corporation, to recover for work in performed on a public works project for the New York Power...

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