Jeffrey MARTIN, an infant by his father and natural guardian, Howard Martin, and Howard Martin, Individually, Plaintiffs-Appellees,
v.
THE MAINTENANCE CO., INC., the City of New York, Defendants-Appellants-Appellees, and
Metropolitan Baseball Club, Inc., New York Mets National League Baseball Club d/b/a New York Mets, Defendant-Appellant, and
Otis Elevator Co., Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 16, 1978.
Decided December 5, 1978.
Attorney(s) appearing for the Case
Benjamin Vinar, New York City (Siff & Newman, P. C., New York City, Thomas R. Newman, and Norman Landau, New York City, of counsel), for plaintiffs-appellees.
Bernard Burstein, New York City (Corp. Counsel of the City of New York, Allen G. Schwartz, L. Kevin Sheridan, and David Jacobs, New York City, of counsel), for appellant, The City of New York.
Morris Zweibel, Mineola, N. Y. (Crowe, McCoy, Agoglia, Fogarty & Zweibel, P. C., Mineola, N. Y., Patrick J. Fogarty, New York City, of counsel), for defendant-appellant-appellee, The Maintenance Co., Inc.
Richard Bakalor, New York City (McLaughlin, Simone & Lawlor, New York City, James A. Magee, New York City, of counsel), for defendants-appellants, Metropolitan Baseball Club, Inc., New York Mets National League Baseball Club d/b/a New York Mets.
Sidney Schwartz, New York City (Alexander, Ash, Schwartz & Cohen, New York City, James B. Reich, New York City, of counsel), for defendant-appellee, Otis Elevator Co.
Before LUMBARD, FRIENDLY and OAKES, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
This action, wherein federal jurisdiction was predicated on diverse citizenship, 28 U.S.C. § 1332(a), was brought by Jeffrey Martin and his father, Howard Martin, both residents of New Jersey, against the City of New York, its maintenance contractor, The Maintenance Co., Inc. (Mainco), Otis Elevator Company, and the New York Mets to recover damages for a serious injury which 10-year old Jeffrey suffered when...
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