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HEDAYA BROS., INC. v. FEDERAL INS. CO.

No. 91-CV-1437.

799 F.Supp. 13 (1992)

HEDAYA BROTHERS, INC. and Bank Leumi Trust Company of New York, Plaintiffs, v. FEDERAL INSURANCE COMPANY, Defendant. FEDERAL INSURANCE COMPANY, Third-Party Plaintiff, v. Joseph HEDAYA, Nathan Hedaya, and James Vargas, Third-Party Defendants.

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

August 20, 1992.

Attorney(s) appearing for the Case

Weg and Myers, P.C., New York City (Dennis T. D'Antonio, of counsel), for plaintiffs and third-party defendants.

Tell, Cheser & Breitbart, New York City (Franklin D. Tell, Alfred C. Polidore, of counsel), for defendant and third-party plaintiff.

MEMORANDUM-DECISION AND ORDER

BARTELS, District Judge.

Background

This diversity action is brought by plaintiffs (collectively "Hedaya") to recover insurance proceeds allegedly due under an all risk insurance policy issued by the defendant insurer ("Federal"). Federal moves for the second time pursuant to Fed. R.Civ.P. 9(b) and 12(b) to dismiss all but Hedaya's claims for actual damages for failure to meet the particularity requirements...

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