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BURKE v. SPARTANICS LTD.

Docket No. 00-7145.

252 F.3d 131 (2001)

Alphonso BURKE, Plaintiff-Appellant, v. SPARTANICS LTD., and its successor corporation, whose name is presently unknown to plaintiff, Defendant-Appellee, Spartanics Ltd., Defendant-Third-Party-Plaintiff-Appellee, v. Metal Etching Company, Third-Party-Defendant-Appellee.

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

Decided: June 4, 2001.

Attorney(s) appearing for the Case

Scott A. Korenbaum, Law Offices of Frederick K. Brewington, Hempstead, NY, Frederick K. Brewington, on the brief, for Plaintiff-Appellant.

Robin Mary Heaney, Law Offices of Vincent D. McNamara, East Norwich, NY (James P. Haggerty, on the brief), for Defendant-Third-Party-Plaintiff-Appellee.

John O. Brennan, Ryan & Brennan LLP, Floral Park, NY, for Third-Party Defendant-Appellee.

Before CALABRESI and PARKER, Circuit Judges, and TRAGER, District Judge.

CALABRESI, Circuit Judge:

A metal shearing machine severed the fingers of plaintiff-appellant Alphonso Burke's right hand while he was at work. Burke brought suit in the United States District Court for the Eastern District of New York (Joanna Seybert, Judge), invoking the court's diversity jurisdiction. In his suit Burke asserted various New York State tort claims against the machine's manufacturer, defendant-appellee Spartanics

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