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ST. PIERRE v. DYER

No. 96-CV-1616.

21 F.Supp.2d 138 (1998)

Andre St. PIERRE and Que-Van Transport, Inc., Plaintiffs, v. Luke R. DYER, Defendant and Cross-Defendant; Coburn Insuring Agency, Inc., Defendant, Cross-Defendant and Counter-Defendant; and Agents Service Corporation, Defendant and Cross-Claimant; Luke R. DYER, Third-Party Plaintiff, v. AMERICAN IRON AND METAL, INC., Third-Party Defendant, Counter-Defendant and Cross-Defendant; and Connecticut Indemnity, Third-Party Defendant, Counter-Defendant and Cross-Claimant.

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

September 25, 1998.

Attorney(s) appearing for the Case

MacKrell, Rowlands, Premo & Pierro, P.C., Albany, NY, for Plaintiffs; Paul A. Levine, of counsel.

Thuillez, Ford, Gold & Johnson LLP, Albany, NY, for Defendant, Cross-Defendant and Third-Party Plaintiff Luke R. Dyer; Donald P. Ford, Jr., of counsel.

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, Albany, NY, for Defendant, Cross-Defendant and Counter-Defendant Coburn Insuring Agency; Colleen M. O'Connell, of counsel.

Fernandez, Burstein & Tuczinski, P.C., Albany, NY, for Defendant and Cross-Claimant Agents Service Corporation, Richard L. Burstein, of counsel.

MacKenzie, Smith, Lewis, Mitchell & Hughes, LLP, Syracuse, NY, for Third-Party Defendant, Counter-Claimant and Cross-Claimant Connecticut Indemnity; David M. Garber, of counsel.

MEMORANDUM-DECISION AND ORDER

HOMER, United States Magistrate Judge.

Presently pending are the motions of defendants Luke R. Dyer ("Dyer"), Coburn Insuring Agency, Inc. ("Coburn") and Agents Service Corporation ("ASERCO") for summary judgment pursuant to Fed.R.Civ.P. 56. Docket Nos. 25, 27 & 30. Also pending is a motion for summary judgment by Connecticut Indemnity on both the direct and third-party claims. Docket No. 47. For the reasons which follow...

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