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15-056 - Amanatullah v. The United States Life Insurance Company of the City of New York et al


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15-056 - Amanatullah v. The United States Life Insurance Company of the City of New York et al
February 8, 2017
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MEMORANDUM DECISION & ORDER Plaintiff's Motion for Partial Summary Judgement (Dkt. 18) is GRANTED IN PART AND DENIED IN PART. The motion is granted on the breach of contract claim and denied as to the promissory estoppel claim which is deemed moot by the ruling on the breach of contract claim. Defendant's Motion for Summary Judgment (Dkt. 23) is GRANTED IN PART AND DENIED IN PART. The motion is granted on Plaintiffs claims of bad faith and negligent adjustment, denied on the breach of contract claim and the promissory estoppel claim is dismissed as being moot. The parties' Motions to Strike (Dkts. 27, 28, 36 and 39) are deemed MOOT. Plaintiff's Motion for Relief from Scheduling Order (Dkt. 50) is DENIED. Plaintiff's Motion to Amend the Complaint to Allege a Claim for Punitive Damages (Dkt. 51) is DENIED. Plaintiff's Motion to Preclude Application of the Non-Economic Damages Limitation (Dkt. 52) is DENIED. Plaintiff's counsel shall submit a proposed Judgment consistent with this Memorandum Decision and Order for the Court's consideration. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) Modified on 10/23/2017 to indicate this MDO is VACATED by Order dkt 102 (jp).