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FARM FAMILY CASUALTY INSURANCE CO. v. KIEPER

Index No. 62980.

2008 NY Slip Op 31835 (U)

FARM FAMILY CASUALTY INSURANCE COMPANY a/s/o RAYMON MORGAN Plaintiff, v. RACHEL KIEPER AS EXECUTRIX OF THE ESTATE OF DAVID W. KIEPER, Defendant.

Supreme Court of the State of New York, Wayne County.

June 30, 2008.

Attorney(s) appearing for the Case

Allen D. Werte, PLLC, Gwenn E. Haesler, Esq., of Counsel, Attorneys for Plaintiff.

Egger & Leegant, Jan P. Egger, Esq., of Counsel, Attorneys for Defendant.

DECISION AND ORDER

Dennis M. Kehoe, Supreme Court Justice

The Defendant ("Kieper") has moved for an Order dismissing the Plaintiff's Complaint in its entirety, based on res judicata and other defenses. The Plaintiff ("Farm Family") has opposed the motion.

(The Court here notes that one of the grounds relied on by the Defendant as a basis for dismissal was Plaintiff's failure to respond to its demands for discovery. As of the return date of this motion...

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