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BLOOM v. PROMAXIMA MFG. CO.

No. 05-CV-6735-CJS.

669 F.Supp.2d 321 (2009)

Louis BLOOM and Nancy Bloom, Plaintiffs, v. PROMAXIMA MANUFACTURING COMPANY, M-F Athletic Company, Inc., ProMaxima Manufacturing, Ltd., Defendants. Excellus Health Plan, Inc., Intervenor. ProMaxima Manufacturing, Ltd., Cross-Claimant v. M-F Athletic Company, Inc., Cross-Defendant. ProMaxima Manufacturing, Ltd., Third-Party Plaintiff, v. The Lodge at Woodcliff, Third-Party Defendant. M-F Athletic Company, Inc., Cross-Claimant, v. ProMaxima Manufacturing, Ltd., Cross-Defendant. M-F Athletic Company, Inc., Cross-Claimant, v. The Lodge at Woodcliff, ProMaxima Manufacturing, Ltr., Cross-Defendants. The Lodge at Woodcliff, Cross-Claimant, v. M-F Athletic Company, Inc., Cross-Defendant. M-F Athletic Company, Inc., Third-Party Plaintiff, v. Woodcliff Associates LLC, d/b/a the Lodge at Woodcliff, Third-Party Defendant. Woodcliff Associates LLC, d/b/a the Lodge at Woodcliff, Cross-Claimant, v. ProMaxima Manufacturing, Ltd., Cross-Defendant. ProMaxima Manufacturing, Ltd., Third-Party Plaintiff, v. Woodcliff Associates LLC, d/b/a the Lodge at Woodcliff, Third-Party Defendant. ProMaxima Manufacturing, Ltd., Cross-Claimant, v. M-F Athletic Company, Inc., Cross-Defendant. M-F Athletic Company, Inc., Cross-Claimant, v. The Lodge at Woodcliff, ProMaxima Manufacturing Company, Cross-Defendants.

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

November 9, 2009.

Attorney(s) appearing for the Case

Angelo G. Faraci, Esq., Matthew F. Belanger, Esq., Faraci Lange LLP, Rochester, NY, for Plaintiffs.

Charles D. Cole, Jr., Esq., Lon VanDusen Hughes, Esq., Newman Fitch Altheim Myers, P.C., New York, NY, for Defendants ProMaxima Manufacturing Company, ProMaxima Manufacturing, Ltd.

Robert M. Shaddock, Esq., Hiscock & Barclay LLP, Rochester, NY, for Defendant M-F Athletic Company, Inc.

Edward P. Hourihan, Jr., Esq., Bond Schoeneck & King PLLC (Roch), Fairport, NY, for Intervenor Excellus Health Plan, Inc.

Amy L. DiFranco, Esq., Glenn E. Pezzulo, Esq., Culley, Marks, Tanenbaum & Pezzulo, Rochester, NY, for Third-Party Defendant The Lodge at Woodcliff.

DECISION and ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This diversity personal injury case is before the Court for consideration of four motions: Docket No. 63, motion filed by Woodcliff Associates LLC, d/b/a The Lodge at Woodcliff ("Woodcliff") for summary judgment; Docket No. 64, motion filed by M-F Athletic Company, Inc. ("M-F Athletic") for partial summary judgment on its indemnification...

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