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Giaquinto Masonry, Inc. v. Hanover Ins. Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Sep 24, 2014
CV 12-5035 (LDW) (ARL) (E.D.N.Y. Sep. 24, 2014)

Opinion

CV 12-5035 (LDW) (ARL)

09-24-2014

GIAQUINTO MASONRY, INC., Plaintiff, v. HANOVER INSURANCE COMPANY, Defendant.


MEMORANDUM AND ORDER

Plaintiff Giaquinto Masonry, Inc. ("Giaquinto") brings this action against defendant Hanover Insurance Company ("Hanover") to recover under a payment bond issued by Hanover on behalf of non-party L.D. Wenger Construction Co., Inc. ("Wenger"). Wenger, as general contractor, entered into an contract with the Town of Huntington for construction work to improve an ice skating rink in Dix Hills, New York (the "Project"). Giaquinto entered into a subcontract with Wenger to perform certain masonry work on the Project. Giaquinto moves for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Hanover opposes the motion.

Upon consideration, the Court finds that genuine disputes of material fact exist precluding the entry of summary judgment. See Fed. R. Civ. P. 56(a) (party seeking summary judgment must demonstrate that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law"); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Accordingly, Giaquinto's motion for summary judgment is denied.

SO ORDERED.

/s/_________

LEONARD D. WEXLER

UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York

September 24, 2014


Summaries of

Giaquinto Masonry, Inc. v. Hanover Ins. Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Sep 24, 2014
CV 12-5035 (LDW) (ARL) (E.D.N.Y. Sep. 24, 2014)
Case details for

Giaquinto Masonry, Inc. v. Hanover Ins. Co.

Case Details

Full title:GIAQUINTO MASONRY, INC., Plaintiff, v. HANOVER INSURANCE COMPANY…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Sep 24, 2014

Citations

CV 12-5035 (LDW) (ARL) (E.D.N.Y. Sep. 24, 2014)