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JMM PROPERTIES, LLC v. ERIE INSURANCE COMPANY

No. 5:08-CV-1382.(GTS/ATB)

JMM PROPERTIES, LLC, Plaintiff, v. ERIE INSURANCE COMPANY, Defendant.

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

January 14, 2013.

Attorney(s) appearing for the Case

HARRY A. CUMMINS, ESQ. , WILKOFSKY, FRIEDMAN, KAREL & CUMMINS, New York, NY, DONALD R. GERACE, ESQ. , LAW OFFICES OF DONALD R. GERACE, Utica, NY, Counsel for Plaintiff.

MARCO CERSONE, ESQ. , RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, Buffalo, NY. Counsel for Defendant.

MEMORANDUM-DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in this breach of insurance contract action filed by JMM Properties, LLC ("Plaintiff") against Erie Insurance Company ("Defendant"), is Defendant's motion for summary judgment pursuant to Fed. R. Civ. P. 56 or for preclusion of the testimony of Plaintiff's expert pursuant to Fed. R. Evid. 702 (Dkt. No. 77). For the reasons set forth...

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