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MANCUSO v. NEW YORK STATE THRUWAY AUTHORITY

No. 524, Docket 95-7443.

86 F.3d 289 (1996)

Frank MANCUSO; Ellen Mancuso, individually and on behalf of their children, Deanna and Theresa Mancuso; and F. Mancuso Boat Yard, Inc., doing business as Echo Bay Marina, Plaintiffs-Appellees, v. NEW YORK STATE THRUWAY AUTHORITY, Defendant-Appellant, The City of New Rochelle, Defendant.

United States Court of Appeals, Second Circuit.

Decided June 13, 1996.

Attorney(s) appearing for the Case

John A. Tartaglia, White Plains, NY, for Plaintiffs-Appellees.

John J. Sipos, New York City (Dennis C. Vacco, Attorney General of the State of New York, John H. Carley, Gordon J. Johnson, Elizabeth A. Grisaru, New York City, on the brief), for Defendant-Appellant.

Before OAKES, MAHONEY, and WALKER, Circuit Judges.

WALKER, Circuit Judge:

This appeal raises the question of whether defendant New York State Thruway Authority (the "Thruway Authority") is immune from suit in federal court under the Eleventh Amendment. The district court, in a memorandum and order, held that the Thruway Authority was not immune and denied its motion for summary judgment. See Mancuso v. New York State Thruway Auth., 909 F.Supp. 133 (S.D.N.Y.1995). The Thruway...

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