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FEDERATED MUT. INS. CO. v. WOODSTOCK '99, LLC

No. 5:00-CV-385.

140 F.Supp.2d 225 (2001)

FEDERATED MUTUAL INSURANCE COMPANY, as Subrogee of American Hardwall Supply Company of Rome, Inc., d/b/a True Value Hardware, Plaintiff, v. WOODSTOCK '99, LLC, Defendant. Woodstock '99, LLC, Third-party Plaintiff, v. Ace Hardware Corporation, Third-party Defendant.

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

April 23, 2001.

Attorney(s) appearing for the Case

Law Offices of Mark D. Goris (Mark D. Goris, of counsel), Cazenovia, NY, for Plaintiff Federated Mutual Insurance Company.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP (Cynthia Holfester, of counsel), New York City, for Defendant Woodstock '99, LLC.

Ahmuty, Demers & McManus (William G. Kelly, of counsel), White Plains, NY, for Third-party Defendant Ace Hardware Corporation.

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

On March 6, 2000, plaintiff Federated Mutual Insurance Co. ("Federated") commenced the instant action as subrogee of American Hardwall Supply Company of Rome ("American") against defendant Woodstock '99, LLC ("Woodstock") to recover payments in excess of $600,000 made to its insured, American. Woodstock answered the complaint, and also filed a third-party...

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