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PALAZZO EX REL DELMAGE v. CORIO

No. 00-7020.

232 F.3d 38 (2000)

Thomas PALAZZO, an infant under the age of Fourteen (14) Years, by his mother and natural Guardian Joyce Delmage, Joyce DELMAGE, Individually, Plaintiffs-Appellants, v. Richard J. CORIO, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: November 1, 2000.

Attorney(s) appearing for the Case

John P. Bostany, New York, New York (Bostany Law Firm, New York, New York, on the brief), argued for Plaintiffs-Appellants.

Weiner, Millo & Morgan, New York (Peter M. Agulnick, New York, New York, of counsel), submitted a brief for Defendant-Appellee.

Before: KEARSE, CALABRESI, and SOTOMAYOR, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiffs Thomas Palazzo, an infant, and his mother Joyce Delmage appeal from a judgment of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, dismissing their negligence action against defendant Richard J. Corio for lack of subject matter jurisdiction. Following an evidentiary hearing before a magistrate judge, the district court found that at the time this action was commenced, Corio...

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