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AMERICAN MFRS. MUT. INS. v. PAYTON LANE NURSING

No. CV 05-5155(AKT).

704 F.Supp.2d 177 (2010)

AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY and American Motorists Insurance Company, Plaintiffs, v. PAYTON LANE NURSING HOME, INC., Perkins Eastman Architects, P.C. and Lincoln General Insurance Company, Defendants.

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

January 27, 2010.

Attorney(s) appearing for the Case

Steven H. Rittmaster, Lawrence S. Novak, Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho, NY, for Plaintiffs.

James Irving McClammy, Davis Polk & Wardwell, Stephen P. Schreckinger, Gogick, Byrne & O'Neill, LLP, New York, NY, Jeffrey G. Stark, Robert C. Angelillo, Meyer, Suozzi, English & Klein, P.C., Garden City, NY, Paul A. Alongi, Alongi & Associates, LLC, Parsippany, NJ, for Defendants.

MEMORANDUM AND ORDER

A. KATHLEEN TOMLINSON, United States Magistrate Judge.

I. PRELIMINARY STATEMENT

This decision concerns the second of three summary judgment motions filed in this action, namely, Plaintiffs' Motion for Partial Summary Judgment [DE 162] seeking dismissal of Defendant's second counterclaim for liquidated damages in the amount of $3,816,123.00. The parties' dispute arises out of the construction of a 280-bed...

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