TRAVELERS CAS. & SURTY v. DORMITORY AUTH.

Master File No. 07 Civ. 6915(DLC).

732 F.Supp.2d 347 (2010)

TRAVELERS CASUALTY AND SURETY COMPANY as Administrator for Reliance Insurance Company, Plaintiff, v. DORMITORY AUTHORITY-STATE OF NEW YORK, TDX Construction Corp. and Kohn Pedersen fox Associates, P.C., Defendants. Dormitory Authority of the State of New YORK and TDX Construction Corp., Third-Party Plaintiffs, v. Trataros Construction, Inc., Third-Party Defendant. Trataros Construction, Inc. and Travelers Casualty and Surety Company, Fourth-Party Plaintiffs, v. Carolina Casualty Insurance Company; Bartec Industries, Inc.; Dayton Superior Specialty Chemical Corp. a/k/a Dayton Superior Corporation; Specialty Construction Brands, Inc. t/a Tec; Kemper Casualty Insurance Company d/b/a Kemper Insurance Company; Great American Insurance Company; National Union Fire Insurance Company of Pittsburgh, PA.; United States Fire Insurance Company; North American Specialty Insurance Company; Allied World Assurance Company (U.S.) Inc. f/k/a Commercial Underwriters Insurance Company; Zurich American Insurance Company d/b/a Zurich Insurance Company; Ohio Casualty Insurance Company d/b/a Ohio Casualty Group; Harleysville Mutual Insurance Company (a/k/a Harleysville Insurance Company); John Does 1-20 and XYZ Corps. 1-19, Fourth-Party Defendants. Kohn Pedersen Fox Associates, P.C., Third-Party Plaintiff, v. Weidlinger Associates Consulting Engineers, P.C., Castro-Blanco Piscioneri and Associates, Architects, P.C., Arquitectonica New York, P.C., Cosentini Associates, Inc., Cermak, Peterka Petersen, Inc., Jordan Panel Systems Corp., Trataros Construction, Inc. and LBL Skysystems (U.S.A.), Inc., Third-Party Defendants.

United States District Court, S.D. New York.

July 30, 2010.


Attorney(s) appearing for the Case

JoAnne M. Bonacci , Paul McCormick , Eli J. Rogers , Dreifuss Bonacci & Parker LLP, Florham Park, NJ, for Travelers Casualty and Surety Company and Trataros Construction, Inc.

Ignatius John Melito , S. Dwight Stephens , Melito & Adolfsen P.C., New York, NY, for Assurance Company of America.

Lance J. Kalik , Tracey K. Wishert , Riker Danzig Scherer Hyland & Perretti LLP, Morristown, NJ, for Harleysville Insurance Company of New Jersey.

Mark T. Hall , Morgan Melhuish Abrutyn , Livingston, NJ, for Ohio Casualty Insurance Company.


OPINION & ORDER

DENISE COTE, District Judge:

This complex litigation arises out of the construction of a 785,000 square-foot vertical campus (the "Building") for Baruch College ("Baruch"), part of the City University of New York ("CUNY"), between 1998 and 2002.1 The litigation concerns, inter alia, the allegedly defective installation of an epoxy terrazzo flooring system by third-party defendant/fourth-party plaintiff...

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