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FOLKSAMERICA REINSURANCE v. CLEAN WATER, NY

Docket No. 03-9124.

413 F.3d 307 (2005)

FOLKSAMERICA REINSURANCE COMPANY, as successor in interest to Christiania General Insurance Company of New York, Plaintiff-Appellant, v. CLEAN WATER OF NEW YORK, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2005.

Attorney(s) appearing for the Case

James E. Mercante (Gerald A. Greenberger, Edward F. Kenny, of counsel), Rubin, Fiorella & Friedman, LLP, New York, New York, for plaintiff-appellant.

Garth Wolfson (Cornelius A. Mahoney, on the brief), Mahoney & Keane, New York, New York, for defendant-appellee.

Before: WALKER, Chief Judge, POOLER and WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

Milton Rivera was injured cleaning the oil tank of a barge moored in New York Harbor. Soon thereafter, defendant-appellee Clean Water of New York, Inc., which had subcontracted the work to Rivera's employer, found itself involved in a negligence action in a New York State court. See Folksamerica Reinsurance Co. v. Clean Water of New York, Inc., 281 F.Supp.2d 530, 531 (E.D.N.Y.2003). Clean Water...

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