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STELLA JEWELRY MFG., INC. v. NAVIGA BELGAMAR

No. 94 Civ. 3613 (RPP).

885 F.Supp. 84 (1995)

STELLA JEWELRY MFG., INC., Plaintiff, v. NAVIGA BELGAMAR Through PENEM INTERNATIONAL INC., Defendant.

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

April 26, 1995.

Attorney(s) appearing for the Case

Matarazzo, Blumberg & Associates, P.C. by Craig A. Blumberg, New York City, for plaintiff.

Badiak Will & Maloof by Joseph B. McDonald, New York City, for defendant.

ORDER AND OPINION

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiff Stella Jewelry Mfg., Inc. ("Stella") moves pursuant to Fed.R.Civ.P. Rule 56 for partial summary judgment dismissing the Second Affirmative Defense of Defendant Naviga Belgamar ("Naviga").

Background

The following facts are not disputed. Stella, incorporated under the laws of New York State, claims that a loss occurred in the amount of at least $100,000 on May 20...

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