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REPUBLIC WESTERN INS. CO. v. NOBEL INS. CO.

No. 97 Civ. 5501(JSR).

2 F.Supp.2d 548 (1998)

REPUBLIC WESTERN INSURANCE COMPANY, Plaintiff, v. NOBEL INSURANCE COMPANY, Defendant. NOBEL INSURANCE COMPANY, Third-Party Plaintiff, v. RCR BUILDERS, INC., Venus Deliganis, Demetrios Xanthakos and Vasilios Xanthakos, Third-Party Defendants.

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

May 1, 1998.

Attorney(s) appearing for the Case

Ralph Pernick, Rockville Centre, NY, for plaintiff.

Chris Georgoulis, New York, NY, for defendant.

MEMORANDUM ORDER

RAKOFF, District Judge.

Without the parol evidence rule, the stream of commerce would be constantly dammed — as this case well illustrates.

Plaintiff brings this action for breach of contract to recover defendant's contribution allegedly owed under a co-surety agreement. On February 13, 1998, upon close of discovery, plaintiff and defendant filed cross-motions for summary judgment. For the reasons stated below, plaintiff...

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