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10 ELLICOTT SQUARE COURT v. MOUNTAIN VALLEY INDEM.

Docket No. 10-0799-CV.

634 F.3d 112 (2010)

10 ELLICOTT SQUARE COURT CORPORATION and 5182 Group, LLC, Plaintiffs-Appellees, v. MOUNTAIN VALLEY INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 23, 2010.

Amended: December 28, 2010.

Amended: January 31, 2011.

Attorney(s) appearing for the Case

Max Gershweir , Hurwitz & Fine, P.C. ( Katherine A. Fijal, Esq. , of counsel), Buffalo, NY, for Defendant-Appellant.

Judith Treger Shelton , Kenney Shelton Liptak Nowak LLP, Buffalo, NY, for Plaintiffs-Appellees.

Before: SACK and RAGGI, Circuit Judges, and KOELTL, District Judge.

SACK, Circuit Judge:

The plaintiffs in this action, 5182 Group, LLC, and 10 Ellicott Square Court Corporation, were, respectively, the owner of and construction manager for a commercial building in Buffalo, New York. They contracted with a third firm, Ellicott Maintenance, Inc., for the building's partial interior demolition.

The construction agreement between the plaintiffs and Ellicott Maintenance required the latter to secure insurance to cover the former...

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