MT. HAWLEY INS. v. ABRAHAM LITTLE NECK DEVELOPMENT

No. 09-CV-3463 (ADS) (ARL).

825 F.Supp.2d 384 (2011)

MT. HAWLEY INSURANCE COMPANY, Plaintiff, v. ABRAHAM LITTLE NECK DEVELOPMENT GROUP, INC., and Gilberto Diaz, Defendants.

United States District Court, E.D. New York.

November 21, 2011.


Attorney(s) appearing for the Case

Kenney Shelton Liptak Nowak LLP, by: Timothy E. Delahunt, Esq. , Of Counsel, Buffalo, NY, for Plaintiff.

Kirschenbaum & Kirschenbaum, P.C., by: Paul J. Tramontano, Esq. , Tal Hirshberg, Esq. , Of Counsel, Garden City, NY, for Abraham Little Neck Development Group, Inc.

Gacovino, Lake & Associates, P.C., by: Steven D. Gacovino, Esq. , Of Counsel, Sayville, NY, for Gilberto Diaz.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arises from alleged injuries sustained by defendant Gilberto Diaz ("Diaz") in a September 22, 2008 accident at the construction site of defendant Abraham Little Neck Development Group, Inc. ("Abraham Little Neck"), which is currently the subject of an action in the New York State Supreme Court, Suffolk County ("the underlying action"). At the time of Diaz's accident, Abraham Little Neck was...

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