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AVRO GROUP SURVEILLANCE SOLUTIONS v. ESSEX INS.

No. 10-CV-833.

790 F.Supp.2d 89 (2011)

AVRIO GROUP SURVEILLANCE SOLUTIONS, INC., v. ESSEX INSURANCE COMPANY, Felicia Helton, and Johnson Controls, Inc., Defendants.

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

June 13, 2011.

Attorney(s) appearing for the Case

Hagerty & Brady, Edwin P. Hunter, of Counsel, Buffalo, NY, for Plaintiff.

Clausen Miller, P.C., Dawn Marie Brehony, of Counsel, New York, NY, for Defendant Essex Insurance Company.

Cellino & Barnes, P.C., Michael J. Cooper, of Counsel, Buffalo, NY, for Defendant Helton.

Goldberg Segalla LLP, John P. Freedenberg, of Counsel, Buffalo, NY, for Defendant Johnson Controls, Inc.

ORDER

RICHARD J. ARCARA, District Judge.

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(A). On December 13, 2010, defendants filed a motion to dismiss. On May 17, 2011, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendants' motion to dismiss, converted to one seeking summary judgment, should be denied in part and granted in part.

The Court has carefully reviewed...

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