Sunoco, Inc. (R&M) v. 175-33 Horace Harding Realty Corp.

Filing 43

MEMORANDUM & ORDER re: 31 Plaintiff's Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's motion is GRANTED as to liability on its breach of contract claim, though the Court makes no determination regard ing the appropriate measure of damages and Plaintiff's motion is also GRANTED as to Defendant's counterclaim for breach of contract, but is DENIED as to Defendant's counterclaim unter New York Navigation Law. Defendant's 33 Moti on for Summary Judgment is DENIED in its entirety. The action is REFERRED to Magistrate Gary R. Brown to resolve any remaining pretrial issues and to determine whether this action is ready for trial. Ordered by Judge Joanna Seybert on 9/4/2013. (Nohs, Bonnie)

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