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TOZZI v. LONG IS. R. R. CO.

170 Misc.2d 606 (1996)

651 N.Y.S.2d 270

Fred A. Tozzi et al., Plaintiffs, v. Long Island Railroad Company, Defendant and Third-Party Plaintiff. L & L Painting, Third-Party Defendant and Fourth-Party Plaintiff; Commerce and Industry Insurance Company, Fourth-Party Defendant.

Supreme Court, Nassau County.

October 29, 1996

Attorney(s) appearing for the Case

Herzfeld & Rubin, New York City, for L & L Painting. Lester Schwab Katz & Dwyer, New York City, for Commerce and Industry Insurance Company.

MARVIN E. SEGAL, J.

FINDINGS OF FACT

On September 1, 1989, the plaintiff, Fred Tozzi, was injured on the job, in the course of his employment by L & L Painting Company, Inc. (hereafter L & L), as a steel painter, at premises owned by the Long Island Railroad Company. Mr. Tozzi and his wife commenced the primary action against the Long Island Railroad Company seeking damages for personal injuries...

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