New York State Insurance Fund v. Mount Vernon Fire Insurance Co., 040610 FED2, 09-1814-cv

Docket Nº:09-1814-cv
Party Name:NEW YORK STATE INSURANCE FUND, Plaintiff-Appellee, v. MOUNT VERNON FIRE INSURANCE CO. S/H/A U.S. LIABILITY INSURANCE COMPANY, Defendant-Appellant, MASTER DUCT, INC., PAL PAL DUCT, INC., YMC CONSTRUCTION AND SERVICES, INC., AMTUES ENTERPRISES, INC., MANARK ASSOCIATES, ATC MANAGEMENT, INC., 431 WEST 14TH STREET CORP., FRANK'S RESTAURANT AND BAR, SKYW
Attorney:FOR APPELLANT: MICHAEL A. MIRANDA, Miranda Sambursky Slone Sklarin Verveniotis LLP, Mineola, NY. FOR APPELLEE: ELIZABETH A. FITZPATRICK, Lewis Johs Avallone Aviles, LLP, Melville, NY.
Judge Panel:PRESENT: RICHARD C. WESLEY, DEBRA ANN LIVINGSTON, Circuit Judges, RICHARD K. EATON, Judge
Case Date:April 06, 2010
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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NEW YORK STATE INSURANCE FUND, Plaintiff-Appellee,

v.

MOUNT VERNON FIRE INSURANCE CO. S/H/A U.S. LIABILITY INSURANCE COMPANY, Defendant-Appellant,

MASTER DUCT, INC., PAL PAL DUCT, INC., YMC CONSTRUCTION AND SERVICES, INC., AMTUES ENTERPRISES, INC., MANARK ASSOCIATES, ATC MANAGEMENT, INC., 431 WEST 14TH STREET CORP., FRANK'S RESTAURANT AND BAR, SKYWAY CONTRACTING CORP., YONG DONG JUNG, Defendants.

MOUNT VERNON FIRE INSURANCE CO. S/H/A U.S. LIABILITY INSURANCE COMPANY, Plaintiff-Appellant,

v.

MASTER DUCT, INC., PAL PAL DUCT, INC., SEUNG EIK HAN, YONG HWAN CHAE, YMC CONSTRUCTION AND SERVICES, INC., AMTUES ENTERPRISES, INC., MANARK ASSOCIATES, ATC MANAGEMENT, INC., 431 WEST 14TH STREET CORP., FRANK'S RESTAURANT AND BAR, SKYWAY CONTRACTING CORP., AND YONG DONG JUNG, Defendants.

No. 09-1814-cv

United States Court of Appeals, Second Circuit

April 6, 2010

UNPUBLISHED OPINION

AMENDED SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court's Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 6th day of April, two thousand and ten.

Appeal from the United States District Court for the Southern District of New York (McKenna, J.).

FOR APPELLANT: MICHAEL A. MIRANDA, Miranda Sambursky Slone Sklarin Verveniotis LLP, Mineola, NY.

FOR APPELLEE: ELIZABETH A. FITZPATRICK, Lewis Johs Avallone Aviles, LLP, Melville, NY.

PRESENT: RICHARD C. WESLEY, DEBRA ANN LIVINGSTON, Circuit Judges, RICHARD K. EATON, Judge.[*]

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said district court be AFFIRMED.

Defendant U.S. Liability Company ("U.S. Liability") appeals from a judgment of the United States District Court of the Southern District of New York (McKenna, J.) declaring that plaintiff New York State Insurance Fund ("NYSIF") is entitled to receive contribution up to the full limit of U.S. Liability's commercial general liability policy issued to its insured Master Duct Corporation ("MDC"). The dispute arose out of U.S. Liability's denial of coverage for MDC with regard to a construction site accident and resulting personal injury litigation in New York state court in which the jury awarded $5.3 million to the plaintiff and apportioned liability between NYSIF's insured (YMC...

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