District Court, W.D. New York January 24, 1994, No. 92-CV-531A(H) (J.A. Brundage Plumbing & Roto-Rooter, Inc. v. Massachusetts Bay Insurance)

*37DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented to final disposition of this case before the Magistrate Judge pursuant to 28 U.S.C. § 686(c).

By decision and order dated March 10, 1993, this court denied defendant’s motion for summary judgment, and granted the plaintiffs cross-motion for summary judgment. Defendant then appealed to the Second Circuit.