BRINK'S INC. v. CITY OF NEW YORK

No. 80 Civ. 6975.

533 F.Supp. 1126 (1982)

BRINK'S INC., Plaintiff and Defendant on Counterclaim, v. The CITY OF NEW YORK, Defendant and Counterclaimant. BRINK'S INC., Third-Party Plaintiff, v. John ADAMS, Anthony De Nardo, Trevor Fairweather, Richard Florio, James Gargiulo, Jorge Olivari and Michael Solomon, William J. Donovan, Francis Gitto, Ramon Hernandez, William McInerney, Anthony San Marco, Jose Rodriguez, James Springett, John Barrera and Joseph Nardo, Third-Party Defendants.

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

March 5, 1982.


Attorney(s) appearing for the Case

Milgrim, Thomajan, Jacobs & Lee New York City, for plaintiff and third-party plaintiff Brink's Inc.; Robert A. Meister, New York City, of counsel.

Allen G. Schwartz, Corp. Counsel, New York City, for defendant The City of New York; Jefferey E. Glen, Sp. Asst., Corp. Counsel, New York City, of counsel.

Philip M. Kovitz, New York City, for third-party defendant Jose Rodriguez.

Peter D. Cooper, Brooklyn, N. Y., for third-party defendant William J. Donovan.


MEMORANDUM

EDWARD WEINFELD, District Judge.

In his answer to the third-party complaint of Brink's Inc., Jose Rodriguez asserts as a counterclaim that he was wrongfully discharged from his employment and seeks as damages $10,400 in back pay representing the total loss of income between the time of his discharge and reinstatement. Brink's moves for summary judgment on the counterclaim on the ground, inter alia, that the third-party complaint fails to state...

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