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FRASSETTO v. WALLKILL GENERATING CO., L.P.

No. 95 Civ. 9147 (JSR).

944 F.Supp. 275 (1996)

Albert FRASSETTO and Wallkill Seven and Ten, L.P., Plaintiffs, v. WALLKILL GENERATING COMPANY, L.P. and U.S. Generating Company, Defendants.

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

October 24, 1996.

Attorney(s) appearing for the Case

Bonacic & Rich P.C., by John Bonacic, New Hampton, NY, for plaintiff.

Kevin Plunkett, Plunkett & Jaffe by Kevin Plunkett, Richard J. Lambert, White Plains, NY, for defendant.

Sanford L. Hartman, U.S. Generating Co. by Sanford L. Hartman, Bethesda, MD, In-House Counsel for Defendant.

MEMORANDUM ORDER

RAKOFF, District Judge.

Following completion of discovery, both sides have moved for partial summary judgment. After consideration of the parties' written submissions and their oral argument on October 21, 1996, the Court concludes that despite the facial doubtfulness of many of plaintiffs' alleged causes of action, triable issues of material fact remain as to all the claims save one: plaintiffs' Fifth Cause of Action to recover monies...

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