Viti v. Guardian Life Insurance Co. of America

DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE THIRD AND FOURTH CAUSES OF ACTION, DENYING PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT ON THE THIRD AND FOURTH CAUSES OF ACTION, DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON THE FIRST AND SECOND CAUSES OF ACTION, AND REFERRING THIS MATTER TO THE HON. MICHAEL A. DOLINGER FOR A HEARING ON EQUITABLE TOLLING

COLLEEN McMAHON, District Judge.

INTRODUCTION

Plaintiff Joseph Viti (“Viti” or “Plaintiff’) brings this action against The Guardian Life Insurance Company of America…