Dani's Windows & Glass, Inc. v. The Fidelity and Deposit Company of Maryland
||Dani's Windows & Glass, Inc.
||The Fidelity and Deposit Company of Maryland
||January 15, 2014
||US District Court for the Eastern District of New York
||Dora Lizette Irizarry
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Other Contract
|Jury Demanded By:
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|March 23, 2017
ORDER ADOPTING REPORT AND RECOMMENDATIONS --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, and upon review and due consideration of the objections made to the Report and Recommendation ("R & R") issued on Septembe r 7, 2016 by the Hon. James Orenstein, U.S.M.J., the R & R is adopted in its entirety and Defendant's objections relating to the R & R are overruled. Accordingly, Plaintiff's motion for partial summary judgment is granted and Plaintiff is a warded the total amount of $100,990.59 (consisting of $72,693.68 in damages and $28,296.91 in prejudgment interest); Defendant's cross-motion for partial summary judgment is denied, and the case shall proceed on all remaining clai ms and cross-claims pertaining to the Riverside project. As such, this matter is referred to the magistrate judge for further pretrial proceedings. Pursuant to Federal Rule of Civil Procedure 54(b), the Court expressly determines that there is no ju st reason for delaying entry of a final judgment on Plaintiff's motion for partial summary judgment as set forth hereinabove. As such, the Clerk of the Court is directed to enter judgment accordingly. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/23/2017. (Irizarry, Dora)
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