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MONAGHAN v. SZS 33 ASSOCIATES, L.P.

Nos. 359, 504, Dockets 95-7277, 95-7301.

73 F.3d 1276 (1996)

Eleanor MONAGHAN, Individually and as Guardian Ad Litem for William Monaghan, an incompetent, Plaintiff-Appellee, v. SZS 33 ASSOCIATES, L.P. Delaware Limited Partnership, Defendant-Third-Party Plaintiff-Appellant-Cross-Appellee, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY and Port Authority Tran-Hudson Corp., Third-Party Defendants-Appellees-Cross-Appellants. SZS 33 ASSOCIATES, L.P. Delaware Limited Partnership, Second-Third-Party Plaintiff, v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK and McLane Security, Inc., Second-Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided January 12, 1996.

Attorney(s) appearing for the Case

Frederick B. Simpson, Albertson, NY (Deborah Del Sordo, Phil McManus, Ahmuty, Demers & McManus, Albertson, New York, of counsel) for defendant-third-party-plaintiff-appellant-cross-appellee.

Carlene V. McIntyre, New York City (Arthur P. Berg, Keith E. Harris, Ira Tripathi, Milton H. Pachter, New York City, on the brief) for third-party defendants-appellees-cross-appellants.

Alan J. Konigsberg, New York City (Alani Golanski, Audrey M. Perlman, Levy Phillips & Konigsberg, L.L.P., New York City, of counsel) for plaintiff-appellee.

Before: ALTIMARI, McLAUGHLIN and PARKER, Circuit Judges.

PARKER, Circuit Judge:

At 7:15 p.m. on March 23, 1987, William Monaghan was assaulted and shot in the head during an apparent attempted robbery by three men. The assault, which resulted in severe brain damage, occurred as he was approaching or descending a staircase leading from the vestibule of a commercial building on 33rd Street and Sixth Avenue in Manhattan to the subway below. His guardian ad litem, Eleanor Monaghan, filed this diversity action against the owner...

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