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08-552 - The Masonic Association of Utica, NY v. West American Insurance Company et al


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08-552 - The Masonic Association of Utica, NY v. West American Insurance Company et al
March 30, 2010
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MEMORANDUM, DECISION AND ORDER - the defendant's motion 12 Motion to Dismiss is denied. The plaintiff is instructed to amend its complaint in conformance with this decision and order. The court requests that the magistrate lift the stay of discovery currently in place and allow the parties to proceed with discovery on the issues raised in its second cause of action. Defendants motion for summary judgment 22 Motion for Summary Judgment is denied in its entirety. Signed by Senior Judge Neal P. McCurn on 3/30/10. (mnm)