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TROPIC POLLO I CORP. v. NATIONAL SPECIALTY INS.

No. 09-CV-1388 (DLI).

818 F.Supp.2d 559 (2011)

TROPIC POLLO I CORP. d/b/a Tropic Pollo Restaurant, Plaintiff, v. NATIONAL SPECIALTY INSURANCE COMPANY, INC., Defendant.

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

July 8, 2011.

Attorney(s) appearing for the Case

Craig A. Blumberg, Law Office of Craig A. Blumberg, Barbara A. Matarazzo, Matarazzo, Blumberg & Associates, P.C., New York, NY, for Plaintiff.

Stanley W. Kallmann, Michael S. Leavy, Gennet, Kallmann, Antin & Robinson, P.C., New York, NY, for Defendant.

MEMORANDUM AND ORDER

DORA L. IRIZARRY, District Judge:

Plaintiff Tropic Pollo I Corp., d/b/a Tropic Pollo Restaurant, filed this action against defendant National Specialty Insurance Company, Inc. ("NSIC" or "Defendant") on March 9, 2009. The parties cross-moved for summary judgment pursuant to Fed.R.Civ.P. 56 on June 25, 2010. For the reasons set forth below, defendant's motion is granted and plaintiff's motion is denied.

BACKGROUND

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