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Tig Insurance Company v. Tyco International

January 23, 2013

TIG INSURANCE COMPANY, PLAINTIFF,
v.
TYCO INTERNATIONAL, LTD., SIMPLEXGRINNELL CORP., AND THE BROOKLYN HOSPITAL CENTER F/K/A THE BROOKLYN HOSPITAL -- CALEDONIAN HOSPITAL, DEFENDANTS.



The opinion of the court was delivered by: A. Richard Caputo United States District Judge

ORDER

NOW, this 23rd day of January, 2013, IT IS HEREBY ORDERED that:

1. Plaintiff's Motion to Strike the Affidavit of Lawrence A. Durkin and Testimony of Sean Patton (Doc. 174) will be GRANTED in part and DENIED in part.

2. Plaintiff's Motion for Partial Summary Judgment on Defendant's Affirmative Defense Asserting Estoppel (Doc. 124) is GRANTED.

3. Defendant's Motion for Summary Judgment (Doc. 115) is DENIED. 4. Plaintiff's Motion for Summary Judgment on Exclusion 4 (Doc. 120) is DENIED.

5. Plaintiff's Motion for Summary Judgment on Exclusion 7 (Doc. 122) is GRANTED.

6. Judgment is entered in favor of Plaintiff and against Defendant on Counts I and II of Plaintiff's Amended Complaint (Doc. 61).

7. Judgment is entered in favor of Plaintiff and against Defendant on Counts I and II of Defendant's Counterclaim (Doc. 62).

8. The Clerk of Court is directed to mark the case as CLOSED.

(JUDGE CAPUTO)

20130123

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