SHEEHAN CARRIERS v. JAMES H. BUCKLEY & SONS, INC.

No. 86 Civ. 8689 (GLG).

672 F.Supp. 759 (1987)

SHEEHAN CARRIERS, INC., Plaintiff, v. JAMES H. BUCKLEY & SONS, INC., Defendant.

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

November 12, 1987.


Attorney(s) appearing for the Case

Barr and Faerber (Elizabeth A. Haas, of counsel), Spring Valley, N.Y., for plaintiff.

Bleakley & Schmidt (William P. Harrington, of counsel), White Plains, N.Y., for defendant.


OPINION

GOETTEL, District Judge:

In this diversity action, a New York insured sues a Massachusetts broker for retaining the proceeds of an insurance claim. Both parties move for summary judgment, the determination of which depends upon whether New York or Massachusetts law applies to the broker's activities. For the reasons stated below, we apply Massachusetts law and grant the defendant's motion for summary judgment.

I. FACTS

The plaintiff...

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