MATTER OF POLING TRANSP. CORP.

No. 87 Civ. 8505.

764 F.Supp. 857 (1991)

In the Matter of the Complaint of POLING TRANSPORTATION CORP., as owner pro hac vice, and Motor Vessel Point Bros. No. 7 Inc., as Owner, of the M.V. POLING BROS. NO. 7, Plaintiffs, for Exoneration from or Limitation of Liability.

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

Opinion Modified on Reargument June 17, 1991.


Attorney(s) appearing for the Case

Connell Losquadro & Zerbo, New York City (William F. Losquadro and Donna Marie Zerbo, of counsel), for plaintiffs.

Bower & Gardner, New York City (Patrick J. Kenny, of counsel), for claimants The Metropolitan Transp. Authority and The Long Island R. Co.

Fishkin and Pugash, Garden City, N.Y. (Brian Fishkin, of counsel), for claimants Ditmas Oil Associates, Inc., Racal Const. Corp., Gasteria, Inc. and Lusa Realty, Inc.

The Jacob D. Fuchsberg Law Firm, New York City (Alan L. Fuchsberg, Diane W. Bando and Bellanca S. Rutter, of counsel), for claimant Antonio Coca.

Stanley P. Danzig, New York City, for claimant David Theophilous.


OPINION

SWEET, District Judge.

The Long Island Railroad ("LIRR") and the Metropolitan Transit Authority ("MTA"), claimants in this action for exoneration or limitation of liability, have moved for summary judgment dismissing all claims, cross-claims and counterclaims against them arising out of an explosion and fire at the Ditmas Oil Associates Terminal in Long Island City (the "Terminal"). For the following...

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