Continental Insurance Company v. Atlantic Casualty Insurance Company, No. 1:2007cv03635 - Document 48 (S.D.N.Y. 2009)

Court Description: MEMORANDUM DECISION granting 26 Motion for Summary Judgment; denying 36 Motion for Summary Judgment. For the foregoing reasons, Continental's motion for summary judgment is denied and Atlantic's is granted. The Clerk of Court is directed to enter judgment dismissing the complaint, with prejudice and with costs but without attorneys' fees. The Clerk of the Court shall close this case. SO ORDERED. (Signed by Judge Denny Chin on 6/4/2009) (tve)