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WESTPORT MARINA, INC. v. BOULAY

Civil Action No. 06-CV-5569.

783 F.Supp.2d 344 (2010)

WESTPORT MARINA, INC., d/b/a Shipstore.Com; the Coast Distribution System, Inc.; Kellogg Marine, Inc.; and C.C. Marine Distributors, Inc., Plaintiffs, v. Adam BOULAY; the Clean Seas Company; ABC Corps 1-10 (fictitious entities); and John Does 1-10 (fictitious individuals), Defendants.

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

March 24, 2010.

Attorney(s) appearing for the Case

Bennett, Giuliano, McDonnell & Perrone, LLP, by Joseph J. Perrone, Esq., Matthew J. Cowan, Esq., New York, NY, for Plaintiffs.

Chance & McCann, LLC, by Michael J. Fioretti, Esq. (Pro Hac Vice), Robert D. Fischer, Esq. (Pro Hac Vice), Bridgeton, NJ, for Defendant Clean Seas Company.

MEMORANDUM & ORDER

HURLEY, Senior District Judge.

I. INTRODUCTION

Presently before the Court is a motion for summary judgment filed by defendant Clean Seas Company ("Clean Seas") pursuant to Federal Rule of Civil Procedure 56. Plaintiffs' Second Amended Complaint seeks recovery against Clean Seas on the following twelve counts: (I) Breach of Contract, (II) Negligence, (III) Breach of Express Warranty, (IV) Breach of...

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