No. 04-CV-4835 (SLT)(RLM).

598 F.Supp.2d 279 (2009)

Paul FABOZZI and Annette Fabozzi, Plaintiffs, v. LEXINGTON INSURANCE COMPANY; John Does 1-10 and ABC Corps. 1-10, Defendants.

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

January 8, 2009.

Attorney(s) appearing for the Case

Eric R. Breslin, Duane Morris LLP, Newark, NJ, for Plaintiff.

Michael S. Leavy, Gennet, Kallmann, Antin & Robinson PC, New York, NY, Brian Jeffrey Bolan, Gennet Kallmann Antin & Robinson P.C., Parsippany, NJ, for Defendants.


TOWNES, District Judge:

In October 2004, Paul Fabozzi and his daughter, Annette (collectively, "the Fabozzis" or "Plaintiffs"), commenced this diversity action, alleging that defendant Lexington Insurance Company ("Defendant" or "Lexington") breached the terms of a homeowner's insurance policy covering the Fabozzis' home in Staten Island by failing to pay for property damage that was discovered on or before May 13, 2002. Lexington...

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