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SIGNAL CAPITAL CORP. v. EASTERN MARINE MANAGEMENT

No. 94 Civ. 8826 (SS).

899 F.Supp. 1167 (1995)

SIGNAL CAPITAL CORPORATION, Plaintiff, v. EASTERN MARINE MANAGEMENT, INC., Global Insurance Company, S.A., Windward International, Inc. and Joseph Cacici, Defendants.

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

September 15, 1995.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City (John Toriello, Christopher G. Kelly, of counsel), for Plaintiff.

Chalos & Brown, P.C., New York City (Robert J. Brown, Harry A. Gavalas, of counsel), for Defendants Eastern Marine Management, Inc. and Global Insurance Company, S.A.

OPINION AND ORDER

SOTOMAYOR, District Judge.

Plaintiff moves for an order pursuant to N.Y.Ins.L. § 1213 ("§ 1213") to strike the Answer of defendant Global Insurance Company, S.A. ("Global") and enter a default judgment for Global's failure to comply with § 1213, or, in the alternative, to require the posting of a bond by Global. For the reasons set forth herein, the motion to secure a bond is GRANTED.

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