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CAPUTO v. PNC BANK

No. 04 Civ. 7078(LLS).

384 F.Supp.2d 685 (2005)

Patrick CAPUTO, Plaintiff, v. PNC BANK, PNC Financial Services Group, Inc., PNC Realty Services, Land Holding Inc. and Land Holding, LLC., Defendants. PNC BANK, PNC Financial Services Group, Inc., PNC Realty Services, Land Holding Inc. and Land Holding, LLC., Third-Party Plaintiffs, v. PRUDENTIAL SERLS COMMERCIAL GROUP, Third-Party Defendant.

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

August 22, 2005.

Attorney(s) appearing for the Case

Anthony S. Esposito, P.C. (Anthony S. Esposito, of Counsel), Mineola, NY, for Plaintiff.

Savona & Scully (Raymond M. D'Erasmo, of Counsel), New York City, for Defendants/Third-Party Plaintiffs.

Cartafalsa, Slattery & Metaxas (David R. Beyda, of Counsel), for Third-Party Defendants.

OPINION and ORDER

STANTON, District Judge.

Plaintiff's motion for summary judgment on liability is denied for the reasons that follow.

Background

Plaintiff, Patrick Caputo, was employed by A & J Heating and Air Conditioning Services as a service technician in August 2003 when A & J was hired to "evaluate the condition" of the HVAC1 units located at 900 Corporate Boulevard in Newburgh, New York. The building...

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