BREWER v. VILLAGE OF OLD FIELD

No. 00-CV-6072(ADS)(ARL).

311 F.Supp.2d 382 (2004)

Aaron BREWER, Alex Stylianou, Rita Bowman and William Walcott, individually and on behalf of all other similarly situated, Plaintiffs, v. VILLAGE OF OLD FIELD, Robert Bell, individually and in his capacity as Old Field constable, Jordana B. Casciano, individually and in her capacity as Old Field clerk, Barbara Dragone, individually and in her capacity as Old Field treasurer, Marianne S. Feller, individually and in her capacity as Old Field clerk, William Finnamore, individually and in his capacity as Old Field constable, William H. Hall, individually and in his capacity as former mayor of Old Field, Leroy Hill, individually and in his capacity as Old Field constable, Helaine Katz, individually and in her capacity as Old Field clerk, Jeffrey T. Kracht, individually and in his capacity as Old Field constable, Ronald La Vita, individually, Philip Morales, individually and in his capacity as Old Field constable, Michael Nastasi, individually and in his capacity as Old Field constable, Walter Rothschild, individually, in his former capacity as Old Field Commissioner of Public Safety, and in his current capacity as Old Field Fire & Special Projects Commissioner, James Simons, individually and in his capacity as Old Field Commissioner of Public Safety, and Cary Staller, individually and in his capacity as Mayor of Old Field, Defendants. Village of Old Field, Third Party Plaintiff, v. New York Municipal Insurance Reciprocal, Third Party Defendant.

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

March 31, 2004.


Attorney(s) appearing for the Case

Scott & Scott, L.L.P., Melville, NY (Jonathan C. Scott, of Counsel), for the Plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Thomas W. Hyland, of Counsel), for the Defendants.

Fried & Epstein, LLP, New York City (John W. Fried, of Counsel), for the Third-Party Plaintiff.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, P.C., Garden City, NY (Rona L. Platt, of Counsel), for the Third-Party Defendant.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The third-party action involves a dispute over whether the third party defendant, the New York Municipal Insurance Reciprocal ("NYMIR" or the "third party defendant"), has the duty to defend and indemnify the third-party plaintiff, the Village of Old Field (the "Village" or the "third-party plaintiff") in connection with this class action lawsuit. This case is brought on behalf of that class of people...

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