Wade et al v. Tiffin Motorhomes, Inc.
5:2005cv01458 |
November 25, 2005 |
US District Court for the Northern District of New York |
Syracuse Office |
Gustave J. DiBianco |
Frederick J. Scullin |
Prop. Damage Prod. Liability |
28 U.S.C. ยง 1332 Diversity-Property Damage |
Plaintiff |
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Filing 40 ORDER DISMISSING CASE: approving the # 39 Stipulation, it is ordered that the claims of plaintiff Motorist Mutual Insurance Company in this action are hereby discontinued with prejudice and without costs. This action is hereby terminated as these were the only remaining claims in this case. Signed by Judge Glenn T. Suddaby on 1/6/2010. (jmb) |
Filing 32 DECISION & ORDER: granting in part and denying in part the # 20 Motion for Summary Judgment in part as set forth in Part V of this Decision and Order;specifically, surviving Defendant's motion are the following two claims of Plaintiffs: (1) Pl aintiffs' claim for recovery of $23,436.69 for the loss of the RV's contents under a strict liability theory of liability and/or negligence theory of liability; and (2) Plaintiffs' claim for recovery of $81,777.32 for the los s of the RV itself under an implied warranty theory of liability. A telephone conference is set for 11/13/09 at 2:30 PM to schedule the trial and pretrial submission deadlines. Chambers will initiate the call. Signed by Judge Glenn T. Suddaby on 10/27/09. (jmb) |
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