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ROYAL INS. CO. OF AMERICA v. JOSEPH DANIEL CONST.

No. CIV.A. 00 CIV. 8706CM (GAY).

208 F.Supp.2d 423 (2002)

ROYAL INSURANCE COMPANY OF AMERICA as Subrogee of Patrick and Linda Magee, Plaintiff, v. JOSEPH DANIEL CONSTRUCTION, INC., Defendant.

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

July 10, 2002.

DECISION DENYING DEFENSE MOTION TO PRECLUDE AND FOR SUMMARY JUDGMENT

McMAHON, District Judge.

This action involves an attempt by Royal Insurance Company of America ("Royal") to recover in subrogation for the sum of $564,000 paid by Royal for fire damage to the property of its subrogors, Patrick and Linda Magee. Defendant filed a motion pursuant to Federal Rules of Evidence 104(a) and 702, to preclude the trial testimony of the plaintiff's fire origin and...

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