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M. FORTUNOFF OF WESTBURY CORP. v. PEERLESS INS. CO.

No. 01-CV-3667.

260 F.Supp.2d 524 (2003)

M. FORTUNOFF OF WESTBURY CORP, Plaintiff, v. PEERLESS INSURANCE CO., a subsidiary of Liberty Mutual Group, Defendant.

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

March 27, 2003.

Attorney(s) appearing for the Case

Raymond A. Selvaggio, Esq., Augello, Pezold & Hirschmann, P.C, Huntington, NY, for Plaintiff.

Edward Farman, Esq, Schindel, Farman & Lipsius, L.L.P, New York, NY, for Defendant.

MEMORANDUM AND ORDER

SEYBERT, District Judge.

Pending before the Court are cross motions for summary judgment brought by both the Plaintiff, M. Fortunoff of Westbury Corp. ("Fortunoff or "Plaintiff), and the Defendant, Peerless Insurance Co. ("Peerless" or "Defendant"). Plaintiff commenced suit against the Defendant on June 1, 2001, by filing a Complaint alleging Breach of Contract.

BACKGROUND

On December 17, 2001, the parties...

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