Billitier v. Merrimack Mutual Fire Insurance Company

Filing 15

ORDER granting defendant's 10 Motion to Dismiss the second cause of action with prejudice. Signed by Hon. David G. Larimer on 10/26/09. (EMA)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ RONALD BILLITIER, JR., Plaintiff, DECISION AND ORDER 08-CV-6482L v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY, Defendant. ________________________________________________ Plaintiff brings this action against an insurance company, seeking coverage for water damage pursuant to an insurance policy. The complaint asserts two causes of action: the first cause of action asserts breach of the insurance contract, and the second, violation of the notification provisions of 11 NYCRR 216.6(c). On September 11, 2009, defendant moved to dismiss the second cause of action pursuant to Fed. R. Civ. Proc. 12(b)(6) and 12(c). (Dkt. #10). By letter from plaintiff's counsel dated October 19, 2009, (Dkt. #14). the Court is now advised that plaintiff has voluntarily agreed to withdraw the second cause of action, leaving only the first cause of action for breach of contract. Accordingly, defendant's motion to dismiss the second cause of action (Dkt. #10) is hereby granted, and the second cause of action is dismissed, with prejudice. IT IS SO ORDERED. _______________________________________ DAVID G. LARIMER United States District Judge Dated: Rochester, New York October 26, 2009.

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