The AETNA CASUALTY AND SURETY CO., Plaintiff-Defendant-Appellant-Cross-Appellee,
v.
ANIERO CONCRETE CO., INC., Plaintiff-Appellee—Cross-Appellant,
General Accident Insurance Company of America, Defendant-Counter-Claimant-Appellee,
New York City School Construction Authority, Defendant-Counter-Claimant-Cross-Appellee,
Kreisler Borg Florman General Construction Company, Acrom Construction Services Co., Inc., Construction Managers, A Joint Venture, David M. Pharis, S.T. Hudson, doing business as Hudson International, Hudson International, Crevani Bros. Realty, Crevani Concrete Construction Co., Inc., Crevani Farms 1979 Trust Agreement and Vertolomo's, Inc., Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 11, 2005.
Decided: February 1, 2005.
Attorney(s) appearing for the Case
Benjamin D. Lentz, Torre, Lentz, Gamell, Gary & Rittmaster LLP, Jericho, NY, for Plaintiff-Defendant-Appellant-Cross-Appellee.
John M. Agnello (James E. Cecchi and Lindsey H. Taylor, on the brief), Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, Roseland, NJ, for Plaintiff-Appellee-Cross-Appellant.
Vincent J. Zichello, Zichello & McIntyre, LLP, New York, NY, for Defendant-Counter-Claimant-Appellee.
Fay NG (Pamela Seider Dolgow; Michael A. Cardozo, Corporation Counsel, on the brief), Office of the Corporation Counsel of the City of New York, New York, NY, for Defendant-Counter-Claimant-Cross-Appellee.
Before: KEARSE, CABRANES and SACK, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM.
This case, brought in the United States District Court for the Southern District of New York (Charles S. Haight, Jr., Judge) under the Court's diversity jurisdiction, arises out of efforts to renovate the Morris High School in Bronx, New York. The District Court held that a contract to complete the renovation — the "Completion Agreement" memorialized on March 18, 1994 by The Aetna Casualty and Surety...
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