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HANOVER INSURANCE COMPANY v. ALISA CONSTRUCTION CO., INC.

14 Misc.3d 864 (2007)

831 N.Y.S.2d 865

HANOVER INSURANCE COMPANY, as Subrogee of E.T. DISCH CONSTRUCTION, L.L.C., Plaintiff, v. ALISA CONSTRUCTION CO., INC., et al., Defendants.

Supreme Court, Kings County.

January 3, 2007.

Attorney(s) appearing for the Case

Robert Stutman, P.C., New York City (Thomas Paolini of counsel), for plaintiff.

Bauman Katz & Grill LLP New York City (Yasmin Saeed of counsel), for Alisa Construction Co., Inc., defendant.

Jeffrey T. Miller, Elmsford, for Capitol Fire Sprinkler Co., Inc., defendant.

OPINION OF THE COURT

ARTHUR M. SCHACK, J.

Plaintiff, the Hanover Insurance Company, as subrogee of E.T. Disch Construction, L.L.C., moves, pursuant to CPLR 3211 (a) (7), to dismiss the counterclaim filed against it by defendants Alisa Construction Co., Inc., Boymelgreen Developers, Inc., Boymelgreen Developers, L.L.C., and Boymelgreen Holdings, L.L.C. (collectively, defendants).

According to the complaint, subrogor E.T. Disch Construction, L.L.C...

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