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ARGENTINA v. EMERY WORLD WIDE DELIVERY CORP.

Docket No. 98-7183.

188 F.3d 86 (1999)

Arthur ARGENTINA and Mary Argentina, Plaintiffs-Appellants, v. EMERY WORLD WIDE DELIVERY CORP., Defendant-Third-Party-Plaintiff-Appellee, Best Consulting Corp., Defendant-Appellee, P. Chimento Co., Inc., Third-Party Defendant-Appellee, Ever Sharpe Delivery Service, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Question Certified November 18, 1998.

Certified Question Answered July 1, 1999.

Decided August 23, 1999.

Attorney(s) appearing for the Case

Peter K. Ledwith, White, Quinlan, Staley & Ledwith, Garden City, N.Y. for Plaintiffs-Appellants.

William R. Ahmuty, III, Ahmuty, Demers & McManus, Albertson, N.Y., for Defendant-Appellee Best Consulting Corp.

Andrew A. Elman (William D. Bierman on the brief), Hannoch Weisman, P.C., Roseland, NJ, for Defendant-Third-Party Plaintiff-Appellee Emery World Wide Delivery Corp.

William Rome, Hoffman Pollok & Pickholz LLP, New York, NY, for Third-Party-Defendant-Appellee P. Chimento Co., Inc.

Before: WALKER, Circuit Judge, MUKASEY, District Judge, and RESTANI, Judge.

Certified Question Answered by New York Court of Appeals July 1, 1999.

PER CURIAM:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, District Judge), dismissing plaintiffs-appellants' claims on the basis that the vehicle owned by defendant-appellee Emery World Wide Delivery Corp. was not the proximate cause of the injury suffered by plaintiff-appellant Arthur Argentina. The

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