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EISNER v. AETNA CAS & SUR CO

141 Misc.2d 744 (1988)

Stuart T. Eisner et al., Plaintiffs, v. Aetna Casualty and Surety Company et al., Defendants.

Supreme Court, New York County.

November 3, 1988

Attorney(s) appearing for the Case

Anne Jaffe for plaintiffs. Waxman, Miller & Trautwig, P. C. (Michael Majewski of counsel), for Aetna Casualty and Surety Company, defendant. Kevin L. Kelly for Robert Theodore Associates, Inc., defendant. Forster, Kadish & Feldman (Mitchell K. Aaron of counsel), for Lea Polk, defendant.

WILLIAM J. DAVIS, J.

The motion by plaintiffs Eisner and Gonzales, for summary judgment in lieu of complaint, is denied.

The cross motion by Aetna Casualty and Surety Company, dismissing the complaint herein, is granted.

The cross motion by Theodore Associates, Inc., is granted.

The cross motion by Lea Polk, for summary judgment dismissing the fifth cause of action, is granted.

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