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KAGAN v. TAYLOR

No. 81 CIV 3629.

558 F.Supp. 396 (1983)

Bernard KAGAN and Sherry Kagan, Plaintiffs, v. Donald Playford TAYLOR individually and on behalf of all those Underwriters of policy number 882/751533, Defendant.

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

February 8, 1983.

Attorney(s) appearing for the Case

Weg, Myers & Jacobson, P.C., New York City, for plaintiffs; Andrew C. Jacobson, New York City, of counsel.

Ginsberg & Caesar, P.C., New York City, for defendant; David M. Ginsberg and Paul Kovner, New York City, of counsel.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This is a suit on an insurance policy. Jurisdiction is based upon diversity of citizenship. 28 U.S.C. § 1332. The parties have filed motions under Fed.R.Civ.P. 56 for summary judgment. For the reasons developed below, the motions are denied.

FACTS

Plaintiffs allege that on December 14, 1980, their home in Staten Island, New York was burglarized, and that $136,890 of their jewelry was...

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