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CAPOZZI v. UNITED STATES

No. 69 Civ. 1421.

326 F.Supp. 784 (1971)

Phil V. CAPOZZI, as Administrator of the Goods, Chattels and Credits which were of Michael Capozzi, Deceased, Plaintiff, v. UNITED STATES of America et al., Defendants.

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

May 11, 1971.

Attorney(s) appearing for the Case

Herman & Herman, New York City, for plaintiff.

D'Amato, Costello & Shea, New York City, for defendants Economy Volkswagen, Inc. and Michael Rendon.

Edward R. Neaher, U. S. Atty., E.D. N.Y., Brooklyn, N.Y., for the United States; Steve C. Arniotes, Asst. U. S. Atty., of counsel.

Held, Telchin & Held, New York City, for defendant Louis Robinson.

MEMORANDUM

WEINSTEIN, District Judge.

I

This is an action sounding in negligence. Plaintiff, as administrator of the estate of Michael Capozzi, seeks compensatory damage for conscious pain and suffering and wrongful death. Defendants, Economy Volkswagen (Economy) and Michael Rendon (Rendon), deny all the material allegations of the complaint and plead affirmatively that the plaintiff's exclusive remedy is under the Workmen's Compensation Law of...

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