Marc-Scot Realty Corp. et al v. Praetorian Insurance Company
| Marc-Scot Realty Corp. and Willie Construction, LLC |
| Praetorian Insurance Company |
| 1:2008cv04070 |
| October 6, 2008 |
| US District Court for the Eastern District of New York |
| Insurance Office |
| Kings |
| Joan M. Azrack |
| Kiyo A. Matsumoto |
| None |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
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| Document Text |
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Filing
34
ORDER adopting 30 Report and Recommendations; granting 11 Motion for Summary Judgment; denying 19 Motion for Summary Judgment. After due consideration, the court denies plaintiffs objections and adopts the R&R in its entirety as the opinion of the court. For the reasons articulated in the attached order and in the R&R, plaintiffs motion for summary judgment is denied and defendants motion for summary judgment is granted. The complaint is dismissed and the court declares that defendant i s not obligated to defend and indemnify plaintiff in the underlying action. The Clerk of the Court is respectfully requested to take the necessary steps to enter judgment for defendant in accordance with this order and to close this case. Ordered by Judge Kiyo A. Matsumoto on 3/26/2010. (Ginns, Laura)
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Filing
30
REPORT AND RECOMMENDATIONS re 11 MOTION for Summary Judgment filed by Praetorian Insurance Company (defendant), 19 MOTION for Summary Judgment filed by Marc-Scot Realty Corp., Willie Construction, LLC (plaintiffs). I respectfully recommend that the Court deny plaintiffs' motion for summary judgment and grant defendant's cross-motion for summary judgment. Specifically, I recommend that the Court dismiss the complaint and declare that defendant is not obligated to defend and indemn ify plaintiffs or reimburse plaintiffs for the amounts expended in defense of the tort action because plaintiffs failed to timely notify defendant of the occurrence and suit without reasonable excuse. Objections to R&R due by 1/29/2010. Ordered by Magistrate Judge Joan M. Azrack on 1/12/2010. (Rovine, Jacqlyn)
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