WEBSTER EX REL. WEBSTER v. MOUNT VERNON FIRE INS.

Docket Nos. 03-7490(L), 03-7491(XAP).

368 F.3d 209 (2004)

Gregory WEBSTER an Infant Under the Age of 14 Years, by His Father and Natural Guardian Ezra WEBSTER, Plaintiff-Appellee-Cross-Appellant, v. MOUNT VERNON FIRE INSURANCE COMPANY, Defendant-Third-Party-Plaintiff-Appellant-Cross-Appellee, Linton Grant, Ina Grant and Parkway Elementary School, Third-Party-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 22, 2004.


Attorney(s) appearing for the Case

Steven Verveniotis, Miranda & Sokoloff, LLP (Benjamin P. Malerba, on the brief), Mineola, NY, for defendant-third-party-plaintiff-appellant-cross-appellee.

Michael D. Ribowsky, Richmond Hill, NY, for plaintiff-appellee-cross-appellant.

Gerold Mallow, Mallow, Konstam & Hager (David Mallow, on the brief), New York, NY, for third-party defendants-appellees.

Before: POOLER, MESKILL, and SOTOMAYOR, Circuit Judges.


SOTOMAYOR, Circuit Judge.

Mount Vernon Fire Insurance Company ("Mount Vernon") appeals from a judgment of the United States District Court for the Eastern District of New York (Ross, J.) granting summary judgment to plaintiff Gregory Webster. Webster was injured in 1996 while attending Parkway Elementary School, a corporation jointly owned by Linton and Ina Grant. He subsequently sued the Grants for negligence in state court and obtained a default judgment of $203...

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