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TOWERS CHARTER & MARINE CORP. v. CADILLAC INS. CO.

No. 189, Docket 89-7486.

894 F.2d 516 (1990)

TOWERS CHARTER & MARINE CORPORATION, Plaintiff-Appellant, Counter-Defendant, v. CADILLAC INSURANCE COMPANY, Defendant-Appellee, Counter-Plaintiff, v. Steven HOFFENBERG, Additional Defendant on the Counterclaim-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 17, 1990.

Attorney(s) appearing for the Case

Jay D. Fischer, New York City (Alan H. Finkel, Proskauer Rose Goetz & Mendelsohn, Eugene Mittelman, Alan Lecht, Kenneth P. Horowitz, Dreyer and Traub, New York City, on the brief), for plaintiff-appellant, counter-defendant and additional defendant on the counterclaim-appellant.

Michael S. Davidson, New York City (Robert C. LaMont, Jacob, Medinger & Finnegan, New York City, on the brief), for defendant-appellee, counter-plaintiff.

Before OAKES, Chief Judge, and KEARSE and ALTIMARI, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff-counterclaim-defendant Towers Charter & Marine Corporation ("Towers") and additional counterclaim-defendant Steven Hoffenberg appeal from so much of a final judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, as (1) summarily dismissed Towers's complaint against defendant Cadillac Insurance Company ("Cadillac") for anticipatory breach of a loan commitment agreement...

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