Legal Opinion

First National Insurance Co. of America v. Joseph R. Wunderlich, Inc.

District Court, N.D. New York

Decided March 29, 2004No. CIV. 102CV0471RFTPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER 1

TREECE, United States Magistrate Judge.

Originally, the Plaintiff had moved for summary judgment against the Defendants, pursuant to Fed. R. Crv. P. 56(a), based upon an indemnification agreement. Dkt. Nos. 21-23. At the time of the Motion for Summary Judgment, the Court had before it a Complaint which was premised upon a indemnification agreement and a single construction contract (Contract 1-99) of which it is alleged that the Defendants’ had defaulted causing the Plaintiff to assume responsibility to complete the contract and incur expenses. Dkt. No. 1, Compl.…

2Cases cited20 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  4. Colon v. CoughlinCourt of Appeals for the Second Circuit · 1995
  5. Rexnord Holdings, Inc. v. Maurice BidermannCourt of Appeals for the Second Circuit · 1994

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3Cited by4 opinions

  1. Mission Measurement Corp. v. Blackbaud, Inc.District Court, E.D. Illinois · 2017
  2. OHC Liquidation Trustee v. United States Fire Insurance (In Re Oakwood Homes Corp.)United States Bankruptcy Court, D. Delaware · 2008
  3. Allied World Insurance Company v. CMM Mechanical LLCDistrict Court, E.D. Arkansas · 2020
  4. SCE Envtl. Group, Inc. v. Murnane Bldg. Contrs., Inc.Appellate Division of the Supreme Court of the State of New York · 2025

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