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MENT BROS. IRON WORKS CO., INC. v. INTERSTATE FIRE

Docket No. 11-2596.

702 F.3d 118 (2012)

MENT BROS. IRON WORKS CO., INC., Plaintiff-Appellant, v. INTERSTATE FIRE & CASUALTY CO., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 11, 2012.

Attorney(s) appearing for the Case

Neal M. Eiseman , Goetz Fitzpatrick LLP, New York, NY ( Scott D. Simon , on the brief), for Appellant Ment Bros. Iron Works Co., Inc.

Stuart M. Bodoff , Rivkin Radler LLP, Uniondale, NY ( Evan H. Krinick , Gary D. Centola , Jay Kenigsberg , Erik Lindemann , on the brief), for Appellee Interstate Fire & Casualty Co.

Richard Volack , Peckar & Abramson, P.C., New York, NY ( Cesar F.F. Pereira , on the brief), for Amicus Curiae Allied Building Metal Industries, Inc., in support of Appellant.

Before: JACOBS, Chief Judge, CALABRESI and CARNEY, Circuit Judges.

DENNIS JACOBS, Chief Judge:

This declaratory judgment action disputes liability insurance coverage for property damage alleged to have been caused by the policyholder, a welding subcontractor, during construction of a residential building at 40 Mercer Street in New York City. Forty Mercer was planned and marketed by the developer as a residential condominium, though no units had been sold at the time the damage occurred....

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