ORDER GRANTING SUMMARY JUDGMENT IN PART AND DENYING SUMMARY JUDGMENT IN PART
PHYLLIS J. HAMILTON, District Judge.
The parties' cross-motions for summary judgment came on for hearing before the court on February 10, 2010. Plaintiff Charles Martorello ("Martorello" or "plaintiff"), appeared through his counsel, Terrence J. Coleman. Defendant Sun Life Assurance Company ("Sun Life" or "defendant"), appeared through its counsel, Julie Schwartz and Robert J. Guite...
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