District Court, E.D. New York January 27, 2010, CV 05-5155(AKT) (American Manufacturers Mutual Insurance v. Payton Lane Nursing Home, Inc.)

MEMORANDUM AND ORDER

A. KATHLEEN TOMLINSON, United States Magistrate Judge.

I.

Preliminary Statement

This decision concerns the second of three summary judgment motions filed in this action, namely, Plaintiffs’ Motion for Partial Summary Judgment [DE 162] seeking dismissal of Defendant’s second counterclaim for liquidated damages in the amount of $3,816,123.00.