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DUANE READE, INC. v. ST. PAUL FIRE & MARINE INS.

No. 02 CIV. 7676(JSR).

279 F.Supp.2d 235 (2003)

DUANE READE, INC., Plaintiff, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant.

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

August 20, 2003.

Attorney(s) appearing for the Case

James W.B. Benkard, Esq., Carolina C. De Onis, Esq., Michael Farbiarz, Esq., Davis Polk & Wardwell, New York City, for Plaintiff.

Michael S. Levine, Esq., Lon A. Berk, Esq., Erik Matthew Figlio, Esq., John P. Malloy, Esq., Charles A. Cowan, Esq., Edward J. Grass, Esq., Shaw Pittman, LLP, McLean, VA, for Defendant.

MEMORANDUM ORDER

RAKOFF, District Judge.

Confirming the Court's telephonic rulings of June 13, 2003 and letter to counsel dated July 8, 2003, defendant's motion for summary judgment is denied in its entirety and plaintiff's motion for summary judgment is granted in part and denied in part, as set forth below. Additionally, defendant's motion to submit the "number of years" calculation to an appraiser is granted.

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