Colagiovanni v. Insurance Company of Penn., No. 29 91 94 (Jan. 22, 1992)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT The defendant has filed a motion for partial summary judgment on Count II of the plaintiffs' amended complaint and has submitted materials in suppport of its position.

The plaintiff has filed a brief which argues that there exists a genuine issue of material fact, but the materials submitted in opposition to the motion reveal no such issue. The assertion of a belief, with no underlying facts does not create an issue of material fact.

The motion for partial summary judgment is granted.

ELAINE GORDON, JUDGE