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PALUMBO v. MANHATTAN & BRONX SURF. TRANSIT

No. 04 CIV. 2444.

346 F.Supp.2d 493 (2004)

Nicholas PALUMBO, Plaintiff, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORTY, Transport Workers Union, Local 100, Defendants.

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

November 5, 2004.

Attorney(s) appearing for the Case

Costantino Fragale, Law Office of Costantino Fragale, Eastchester, NY, for Plaintiff.

Daniel L. Topper, Brooklyn, NY, for Defendant.

Dennis Eugene Torreggiani, Kennedy, Schwartz & Cure, P.C., New York, NY, for Nicholas Palumbo and Transport Workers Union, Local 100.

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

I. Facts and Posture

Nicholas Palumbo ("Plaintiff) was employed by Defendant Manhattan and Bronx Surface Transit Operating Authority ("Employer") as a bus operator and was a member of Defendant Transport Workers Union ("Union") (or collectively known as the "Defendants"). On April 2, 2003, after working for Employer for about five years, Plaintiff...

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