OPINION & ORDER
ACKERMAN, Senior District Judge.
This matter comes before the court on Plaintiffs motion for summary judgment. For the reasons outlined below, Plaintiffs motion is DENIED.
I. Factual and Procedural Background
Plaintiff FD & P Enterprises ("FD & P") is a corporation engaged in providing freight transportation services to the New York-New Jersey metropolitan area. FD & P owns a 100-acre property located...
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