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ROSATO v. KARL KOCH ERECTING CO., INC.

No. CV 92 5076 (RJD) (MDG).

865 F.Supp. 104 (1994)

John ROSATO, et ano., Plaintiffs, v. KARL KOCH ERECTING CO., INC., Third-Party Plaintiff, and Defendant, v. THUNDERBIRD CONSTRUCTORS, INC., Third-Party Defendant. THUNDERBIRD CONSTRUCTORS, INC., Fourth-Party Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY, et ano., Fourth-Party Defendants.

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

July 20, 1994.

Attorney(s) appearing for the Case

Frederick B. Simpson, Ahmuty, Demers & McManus, Albertson, NY, for third-party plaintiff.

Henry Stanziale, Brooklyn, NY, for third-party defendant.

MEMORANDUM DECISION AND ORDER

GO, United States Magistrate Judge:

This is a diversity action to recover damages for work-related injuries. Although the primary claim is one for personal injuries, virtually all of the pretrial activity, including the instant motion for summary judgment, has revolved around disputes in two third-party actions over which insurance carrier will ultimately be responsible for payment of plaintiff's damages (if any) and...

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