VITI v. GUARDIAN LIFE INS. CO. OF AMERICA

No. 10 Civ. 2908 (CM)(MHD).

817 F.Supp.2d 214 (2011)

Joseph VITI, Plaintiff, v. The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant.

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

August 31, 2011.


Attorney(s) appearing for the Case

Robert J. Bach , Law Office of Robert J. Bach, Esq., New York, NY, for Plaintiff.

Randi Faith Knepper , McElroy, Deutsch, Mulvaney & Carpenter, LLP, Newark, NJ, for Defendant.


DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS THE THIRD AND FOURTH CAUSES OF ACTION, DENYING PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT ON THE THIRD AND FOURTH CAUSES OF ACTION, DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON THE FIRST AND SECOND CAUSES OF ACTION, AND REFERRING THIS MATTER TO THE HON. MICHAEL A. DOLINGER FOR A HEARING ON EQUITABLE TOLLING

COLLEEN McMAHON, District Judge.

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