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RCN TELECOM SERVICES v. 202 CENTRE STREET REALTY

No. 02 CIV. 2766(JES).

419 F.Supp.2d 553 (2006)

RCN TELECOM SERVICES, INC., Plaintiff, v. 202 CENTRE STREET REALTY LLC, Defendant.

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

March 8, 2006.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, Ronald S. Greenberg, A. Owen Glist, of counsel, New York, NY, for Plaintiff RCN Telecom Services, Inc.

Herrick, Feinstein LLP, Christopher J. Sullivan, Harvey S. Feuerstein, Gary Mailman, of counsel, New York, NY, for Defendant 202 Centre Street Realty LLC.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

The primary issue before the Court, as raised by a panel of the Second Circuit in a Summary Order dated November 17, 2005 ("Remand Order"), is the apportionment of damages in an action for breach of contract. Because this Court is bound by the Second Circuit's directive in the Remand Order, this Court finds that plaintiff is solely responsible for all damages...

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