MAUNEY v. IMPERIAL DELIVERY SERVICES, INC.

No. 93 Civ. 3352 (GLG).

865 F.Supp. 142 (1994)

Gary Lee MAUNEY, Plaintiff, v. IMPERIAL DELIVERY SERVICES, INC., Robert J. Boyle, and Newspaper and Mail Deliveries' Union of New York and Vicinity, Defendants. IMPERIAL DELIVERY SERVICES, INC., Third-Party Plaintiff, v. HUFFMASTER ASSOCIATES, INC., Alternate Workforce, Inc., Academy Bus Tours, Inc., Security Enforcement Bureau, Inc., Boyd Security Systems, Inc., T & H Security, Inc., Citadel Security Agency, Pro-Tech Security Services, Inc., P.B.S. Consultants Corp., The City of New Rochelle, Timothy Idoni, Mayor of the City of New Rochelle, and Michael Armiento, Commissioner of Police of the City of New Rochelle, Third-Party Defendants.

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

Nunc Pro Tunc Order Correcting Decision October 21, 1994.


Attorney(s) appearing for the Case

David E. Bamberger, New York City, for plaintiff.

Feder, Connick & Goldstein, P.C. (Benedene N. Cannata, of counsel), Mineola, NY, for defendant/third-party plaintiff Imperial Delivery Service, Inc.

Shapiro, Shiff, Beilly, Rosenberg & Fox (Barry Levy, of counsel), New York City, for defendant Newspaper and Mail Deliverers' Union.

John Kelligrew, White Plains, NY, for defendant Robert Boyle.

Lester, Schwab, Katz & Dwyer (Eric A. Portuguese, of counsel), New York City, for third-party defendant Security Enforcement Bureau, Inc.

Thurm & Heller (Barry Jacobs, of counsel), New York City, for third-party defendants T & H Security, Inc. and Citadel Security Agency.

Law Offices of Alan I. Lamer (Dennis E. Krolian, of counsel), Elmsford, NY, for third-party defendant P.B.S. Consultants Corp.

Donald L. Frum & Associates (Donald L. Frum, of counsel), Tarrytown, NY, for third-party defendants Huffmaster Associates and Alternate Workforce, Inc.

Wilson, Elser, Moskowitz, Edelman & Dicker (Larry H. Lum, of counsel), New York City, for third-party defendant Pro-Tech Security Services, Inc.

Gladstein & Isaac (Emily Diamond, of counsel), New York City, for third-party defendant Boyd Security Systems, Inc.

Ferrara & Hantman, New York City, for third-party defendant Academy Bus Tours, Inc.

O'Connor, McGuinness, Conte, Doyle, Oleson & Collins (Montgomery L. Effinger, of counsel), White Plains, NY, for third-party defendants City of New Rochelle, Timothy Idoni and Michael Armiento.


OPINION

GOETTEL, District Judge:

The primary action in this case is brought by plaintiff Gary Lee Mauney to recover for injuries sustained when he was a replacement worker during a labor dispute between defendant Imperial Delivery Service, Inc. ("IDS") and defendant Newspaper and Mail Deliverers' Union of New York and Vicinity ("NMDU" or the "Union"). IDS has filed a third-party complaint alleging that a number of private security agencies connected...

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