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WESTOVER EX REL. GRAY v. DURANT

No. 97-CV-1280 (LEK/RWS).

75 F.Supp.2d 31 (1999)

Ryan J. WESTOVER, A Minor, By and Through his guardian and natural parent Colleen Westover GRAY, Plaintiff, v. Susan DURANT, a.k.a. Susan Danker; Robert Brustle; R. Christopher Dempf; Tobin & Dempf, Attorneys At Law; Serviceman's Group Life Insurance Company, Defendants, Susan Durant, a.k.a. Susan Danker, Third-party Plaintiff, Michael A. Durant, Third-party Defendant, R. Christopher Dempf; Tobin & Dempf, Cross-claimants, Susan Durant, a.k.a. Susan Danker; Robert Brustle, Cross-defendants, R. Christopher Dempf; Tobin & Dempf, Cross-claimants, Susan Durant, a.k.a. Susan Danker; Robert Brustle, Cross-defendant.

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

November 16, 1999.

Attorney(s) appearing for the Case

Jerome J. Kaharick, Office of Jerome J. Kaharick, Johnstown, PA, for Plaintiff.

David S. Michaels, Office of David Seth Michaels, Spencertown, NY, Seth H. Agata, Koweek, Cranna Law Firm, Hudson, NY, James W. Connor, Connor, Connor Law Firm, Hudson, NY, Michael L. Costello, Tobin, Dempf Law Firm, Albany, NY, for Defendants.

MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

Presently before the Court are (i) defendants Brustle and Danker's summary judgment motion, (ii) Plaintiff's summary judgment motion, (iii) defendants Tobin & Dempf and R. Christopher Dempf summary judgment motion, or, in the alternative, to dismiss. For the reasons set forth below, defendants Brustle and Danker's summary judgment motion is denied, Plaintiff's summary judgment motion...

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