No. 06-CV-1908 (JS) (MLO).

742 F.Supp.2d 265 (2008)

Jose CHIMBAY, Plaintiff, v. AVALONBAY COMMUNITIES, INC., d/b/a Avalon Pines, DaVinci Construction of Nassau, Inc., d/b/a/ DaVinci Construction Company, Defendants. DaVinci Construction of Nassau, Inc., d/b/a/ DaVinci Construction Company, Third-Party Plaintiff v. Gold Star Construction, Inc., Burlington Insurance Company, Third-Party Defendants.

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

September 26, 2008.

Attorney(s) appearing for the Case

Richard M. Winograd, Esq. , Gary R. Novins, Esq. , Ginarte, O'Dwyer & Winograd, LLP, New York, NY, for Plaintiff.

Richard Lyle Reiter, Esq. , Guy J. Levasseur, Esq. , Nancy Quinn Koba, Esq. , Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains, NY, for Defendant AvalonBay Communities, Inc.

Paul Kovner, Esq. , Rubin & Fiorella, New York, NY, for Defendant DaVinci Construction.

No Appearance, for Third-Party Defendant Gold Star Construction.

Adrian Marshall Szendel, Esq. , Ford Marrin Esposito Witmeyer & Gleser, New York, NY, for Third-Party Defendant Burlington Ins.


SEYBERT, District Judge:


On April 25, 2006, Plaintiff Jose Chimbay filed a Complaint against Defendants AvalonBay Communities, Inc. ("Avalon-Bay"), and DaVinci Construction of Nassau, Inc. ("DaVinci") seeking to recover for injuries Plaintiff suffered while working at a construction site. Plaintiff alleges that his accident was a result of AvalonBay...

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