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CARNER v. MGS — 576 5TH AVE. INC.

No. 93 Civ. 8259(CBM).

992 F.Supp. 340 (1998)

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.

January 21, 1998.

Attorney(s) appearing for the Case

Robert Bach, New York, NY, for plaintiff Thomas Carner.

Wincig & Wincig by Bernard Wincig, Amy Don, New York, NY, for defendants and Third Party plaintiffs MGS — 576 5th Avenue, Inc., et al.

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

AMENDED 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...

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