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STOMA v. MILLER MARINE SERVICES, INC.

No. CV 01-1843(ADS)(ARL).

271 F.Supp.2d 429 (2003)

Theodore STOMA, Plaintiff, v. MILLER MARINE SERVICES, INC., Defendant.

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

July 18, 2003.

Attorney(s) appearing for the Case

Tabak & Mellusi by Sheldon Tabak, Esq., Ralph J. Mellusi, Esq., New York City, for Plaintiff.

Badiak Will & Ruddy, LLP by Patrick J. Corbett, Esq., New York City, for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Theodore A. Stoma ("Stoma" or the "plaintiff") moves for judgment as a matter of law pursuant to Rule 50(b) of the Federal Rules of Civil Procedure ("Fed. R. Civ.P."), or, in the alternative, for a new trial pursuant to Fed.R.Civ.P. 59 on the issue of contributory negligence.

I. BACKGROUND

The Court presumes familiarity with the facts and circumstances giving rise to the

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