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AMGUARD ISN. CO. v. GETTY REALTY CORP.

14 Civ. 9448 (PAE).

147 F.Supp.3d 212 (2015)

AMGUARD INSURANCE COMPANY, Plaintiff, v. GETTY REALTY CORP., Getty Properties Corp., Leemilt's Petroleum, Inc., Orange and Rockland Utilities, Inc., 9W Auto Center, Inc. d/b/a Getty Loc # 379, and Archery Paint & Plaster, Inc., Defendants. Getty Realty Corp., Getty Properties Corp., and Leemilt's Petroleum, Inc., Third-party Plaintiffs, v. Lewis Tree Service, Inc., Third-party Defendant.

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

Signed November 20, 2015.

Attorney(s) appearing for the Case

Philip Anthony Davolos, III , Nelson Levine De Luca & Hamilton, LLC, New York, NY, Richard Boyd , Deluca Levine LLC, Blue Bell, PA, for Plaintiff.

Frank J. Lourenso , Haydn Julian Brill , Brill & Associates, P.C., Cullen and Dykman LLP, New York, NY, William Kevin Kerrigan, Sr. , MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, NY, for Defendants/Third-party Plaintiffs.

Eric John Sauter , Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, NY, Kyle Epstein , Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY, for Third-party Defendant.

OPINION & ORDER

This case involves a claim that trees fell onto a car wash from a neighboring plot of land, causing damage. Pending is a motion to dismiss by third-party defendant Lewis Tree Service, Inc. ("Lewis"), which was allegedly contracted to inspect and assure the safe condition of the offending...

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