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Farmington Casualty Co. v. Marshall

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 23, 2009

FARMINGTON CASUALTY COMPANY, PLAINTIFF,
v.
PETER MARSHALL AND LINDA MARSHALL, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF Z.M., AND RICHARD T. DENERO AS PARENT AND NATURAL GUARDIAN OF Z.D., DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on April 23, 2009, in Utica, New York, it is hereby

ORDERED that plaintiff's motion for summary judgment is GRANTED, and plaintiff is GRANTED declaratory judgment that it is not obligated to defend or indemnify Peter Marshall, Linda Marshall, or their son, Z.M., for claims brought by or on behalf of Z.D. or his father, Mr. Denero, arising out of the altercation on May 18, 2007.

The Clerk of the Court is directed to enter judgment accordingly.

IT IS SO ORDERED.

20090423

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