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CARNER v. MGS-576 5TH AVE. INC.

No. 93 Civ. 8259(CBM).

977 F.Supp. 629 (1997)

Thomas CARNER, Plaintiff, v. MGS-576 5TH AVENUE INC, Partenope West Coast Inc., MGS 782 Lex Inc., MGS Outlet, Inc., MGS Middle Neck, Inc., Maraolo-Short Hills, Inc., Maraolo-Cherry Creek, Inc., Maraolo-Grant Street, Inc., and Maraolo Beverly Center, Inc., Defendants and Third-Party Plaintiffs, v. EMPIRE BLUE CROSS BLUE SHIELD, Third-Party Defendant.

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

August 18, 1997.

Attorney(s) appearing for the Case

Robert Bach, New York City, for Plaintiff Thomas Carner.

Wincing & Wincing by Bernard Wincing, Amy Don, for Defendants and Third Party Plaintiffs MGS-576 5th Avenue, Inc., et al.

Jeffrey D. Chansler by Richard Juzumas, New York City, for Third Party Defendant Empire Blue Cross

OPINION

MOTLEY, District Judge.

Plaintiff Thomas Carner commenced this action on December 2, 1993, alleging violations of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., as amended by the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), 29 U.S.C. §§ 1161 et seq., arising out of his termination from employment by the defendants. Specifically, plaintiff alleges that...

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