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KALAR v. ZAIA

No. 97-CV-772.

66 F.Supp.2d 359 (1999)

Ralph KALAR and Joyce Kalar, Plaintiffs, v. Anthony J. ZAIA, Defendant. Anthony J. Zaia, Third-Party Plaintiff, v. United States Postal Service, Third-Party Defendant.

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

September 7, 1999.

Attorney(s) appearing for the Case

Earle E. Thurston, Auburn, New York, for Ralph and Joyce Kalar.

David B. Mahoney, Rochester, New York, for Anthony Zaia.

Hon. Daniel J. French, United States Attorney, Office of the United States Attorney, James T. Foley U.S. Courthouse, Albany, New York, for United States; James C. Woods, AUSA, of counsel.

MEMORANDUM-DECISION and ORDER

MUNSON, Senior District Judge.

Currently before the court are defendant Anthony J. Zaia's ("Zaia") motion for summary judgment, which plaintiffs oppose, and their cross-motion to strike Zaia's supporting declaration. For the reasons that follow, the court grants Zaia's motion for summary judgment and denies plaintiffs' cross-motion.

BACKGROUND

Originally...

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