AMEC CONSTRUCTION MANAGEMENT, INC., PLAINTIFF, v. THE CITY OF NEW YORK, def, MAZZOCCHI WRECKING, INC., def-res

15920. AMEC CONSTRUCTION MANAGEMENT, INC., PLAINTIFF, v. THE CITY OF NEW YORK, def, MAZZOCCHI WRECKING, INC., def-res — MAZZOCCHI WRECKING, INC., plf-res, v. EVERGREEN RECYCLING OF CORONA, def-res, CITY OF NEW YORK, def — TULLY ENVIRONMENTAL, INC., DOING BUSINESS AS EVERGREEN RECYCLING OF CORONA, Third-Party plf-res, v. AMEC CONSTRUCTION MANAGEMENT, INC., Third-Party def, BOVIS LEND LEASE LMB, INC., Third-Party def-ap — Arthur J. Semetis, P.C., New York (Arthur J. Semetis of counsel), for ap — Cole Schotz P.C., New York (Brian L. Gardner of counsel), for Mazzocchi Wrecking, Inc., res — Richard Wynn, Flushing, for Tully Environmental, Inc., res — Order, Supreme Court, New York County (Kathryn Freed, J.), entered March 26, 2015, which, to the extent appealed from, upon granting third-party defendant Bovis Lend Lease LMB, Inc.'s motion to reargue a prior order (Louis B. York, J.), entered February 3, 2014, adhered to the terms of the prior order and, further, denied Bovis's motion to renew its prior motion to dismiss defendant Tully Environmental, Inc. d/b/a Evergreen Recycling of Corona's (EROC) cross claims against it, unanimously affirmed, with costs.

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15920. AMEC CONSTRUCTION MANAGEMENT, INC., PLAINTIFF, v. THE CITY OF NEW YORK, def, MAZZOCCHI WRECKING, INC., def-res — MAZZOCCHI WRECKING, INC., plf-res, v. EVERGREEN RECYCLING OF CORONA, def-res, CITY OF NEW YORK, def — TULLY ENVIRONMENTAL, INC., DOING BUSINESS AS EVERGREEN RECYCLING OF CORONA, Third-Party plf-res, v. AMEC CONSTRUCTION MANAGEMENT, INC., Third-Party def, BOVIS LEND LEASE LMB, INC., Third-Party def-ap — Arthur J. Semetis, P.C., New York (Arthur J. Semetis of counsel), for ap — Cole Schotz P.C., New York (Brian L. Gardner of counsel), for Mazzocchi Wrecking, Inc., res — Richard Wynn, Flushing, for Tully Environmental, Inc., res — Order, Supreme Court, New York County (Kathryn Freed, J.), entered March 26, 2015, which, to the extent appealed from, upon granting third-party defendant Bovis Lend Lease LMB, Inc.’s motion to reargue a prior order (Louis B. York, J.), entered February 3, 2014, adhered to the terms of the prior order and, further, denied Bovis’s motion to renew its prior motion to dismiss defendant Tully Environmental, Inc. d/b/a Evergreen Recycling of Corona’s (EROC) cross claims against it, unanimously affirmed, with costs.

This action arises from plaintiff Mazzocchi Wrecking Inc.’s involvement in clean-up of lower Manhattan following the terrorist attacks of September 11, 2001. Mazzocchi brought actions against the City, EROC, AMEC Construction Management, Inc. (AMEC), and Bovis for nonpayment. Bovis and AMEC had served as the general contractors overseeing the cleanup of the World Trade Center site. EROC oversaw certain subcontractors on behalf of Bovis and AMEC, including Mazzocchi. EROC’s role was fairly limited, however; it provided general oversight of the subcontractors, forwarded the subcontractors’ invoices to Bovis and AMEC, who in turn forwarded them to the City, and remitted payments received from the City and Bovis to the subcontractors.

AMEC CONSTRUCTION MANAGEMENT, INC., PLAINTIFF, v. THE CITY OF NEW YORK, def, MAZZOCCHI WRECKING, INC., def-res

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