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FIREMAN'S FUND INS. CO. v. WAGNER FUR, INC.

No. 88 Civ. 5176 (MJL).

760 F.Supp. 1101 (1991)

FIREMAN'S FUND INSURANCE CO., as subrogee of Lewis B. Cullman and Dorothy Cullman, Plaintiff, v. WAGNER FUR, INC., United Parcel Service, Inc., 785 Park Avenue Owners, Inc., and Douglas, Elliman-Gibbons & Ives, Inc., Defendants.

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

April 15, 1991.

Attorney(s) appearing for the Case

O'Donnell, Fox & Gartner by Kenneth A. Bloom, New York City, and Cozen & O'Connor by Daniel Q. Harrington, Philadelphia, Pa., for plaintiff.

Gwertzman, Pfeffer, Lefkowitz, Greenwald & Burman by Kenneth B. Raven, New York City, for defendant Wagner Fur, Inc.

Kenneth Adler & Associates by Alan Copertino, Melville, N.Y., for defendant United Parcel Service, Inc.

Cyperstein & Gerstner by Faye Feintuck, New York City, for defendants 785 Park Ave. Owners, Inc. and Douglas, Elliman-Gibbons & Ives, Inc.

OPINION AND ORDER

LOWE, District Judge.

Before this Court are motions by each of the defendants for summary judgment under Fed.R.Civ.P. 56. A Report and Recommendation was issued in this case by United States Magistrate James C. Francis IV on December 28, 1989, recommending that (1) motions for summary judgment filed by defendants Wagner Fur, Inc., ("Wagner") and United Parcel Service, Inc., ("UPS") be granted in part and denied in part, and that

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