Scottsdale Insurance Company v. Belanger et al
| Scottsdale Insurance Company |
| Nancy Belanger, Monica A. Graham, Monica Graham Trust, Pine Construction Corp. and Priscilla Properties, LLC |
| 2:2015cv04764 |
| August 14, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y. Shields |
| Arthur D. Spatt |
| Insurance |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Filing
33
MEMORANDUM OF DECISION & ORDER granting 27 Motion for Default Judgment; granting 27 Motion for Summary Judgment. It is ORDERED that: 1. Scottsdales motion for summary judgment against the Belanger Defendants is GRANTED in its entirety; and 2. Scottsdales motion for entry of a default judgment against Priscilla and Pine is GRANTED in its entirety; and 3. The insurance policy in question, namely, Scottsdale Insurance Company Commercial General Liability Policy Number CPS1149753 is hereby re scinded and deemed void ab initio; and 4. Consequently, any obligations on the part of Scottsdale under or arising from that policy are hereby extinguished, as a matter of law; and 5. On or before May 31, 2017, Scottsdale shall serve a copy of this order on Priscilla and Pine by certified mail, return receipt requested, at their last known addresses, and thereafter file proof of service on ECF; and 6. To the extent that such relief is alleged in the complaint, Scottsdale shall have until June 23, 2017 to file a formal motion to recover money damages, including reasonable attorneys fees and costs. If, by June 24, 2017, the Plaintiff has not filed such a motion, the Clerk of the Court is respectfully directed to close this case. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 5/24/2017. (Coleman, Laurie)
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