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COX v. NAP CONSTR. CO.

9 Misc.3d 958 (2005)

804 N.Y.S.2d 622

ANTHONY COX et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. NAP CONSTRUCTION COMPANY, INC., et al., Defendants. GREENWICH INSURANCE COMPANY, Third-Party Plaintiff, v. NAP CONSTRUCTION COMPANY, INC., et al., Third-Party Defendants. ST. PAUL MERCURY INSURANCE COMPANY, Second Third-Party Plaintiff, v. NAP CONSTRUCTION COMPANY, INC., et al., Second Third-Party Defendants.

Supreme Court, New York County.

August 9, 2005.

Attorney(s) appearing for the Case

Biaggi & Biaggi, New York City (Richard M. Biaggi of counsel), for NAP Construction Company, Inc., and others.

Westerman, Hamilton, Sheehy, Aydelott & Keenan, LLP, Garden City (John Hamilton of counsel), for St.

Paul Mercury Insurance Company.

Wolff & Samson, P.C., New York City (Jonathan Bondy of counsel), for Greenwich Insurance Company.

Barnes, Iaccarino, Virginia, Ambinder & Shepherd, PLLC, New York City (Lloyd R. Ambinder of counsel), for plaintiffs.

OPINION OF THE COURT

HERMAN CAHN, J.

Defendants and third-party defendants, NAP Construction Company, Inc., Anthony Panagio and Sheryl Panagio, move to dismiss all of plaintiffs' claims for failure to state a cause of action (CPLR 3211 [a] [7]). Defendants St. Paul Mercury Insurance Company and Greenwich Insurance Company submit briefs in support of the motion to dismiss.

Background

This action arises out of defendant NAP's alleged...

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