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PORCO v. LEXINGTON INS. CO.

Case No. 08 CV 6951(KMK).

679 F.Supp.2d 432 (2009)

Elliot PORCO, Plaintiff, v. LEXINGTON INSURANCE COMPANY, Defendant.

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

December 30, 2009.

Attorney(s) appearing for the Case

Johnathan C. Lerner, Esq., Abraham, Lerner & Arnold, LLP, New York, NY, for Plaintiff.

Jacob R. Zissu, Esq., Clausen Miller, PC, New York, NY, for Defendant.

OPINION AND ORDER

KENNETH M. KARAS, District Judge:

Before the Court are cross motions for partial summary judgment in a dispute over insurance coverage of a swimming pool owned by Plaintiff. For the reasons stated herein, Plaintiff's cross-motion for partial summary judgment is denied, and Defendant's motion for partial summary judgment is granted.

I. Background

A. Facts

The material facts in this case are...

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