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MILOSCIA v. BR GUEST HOLDINGS

116881/09

33 Misc.3d 466 (2011)

928 N.Y.S.2d 905

2011 NY Slip Op 21300

MICHAEL MILOSCIA, Plaintiff, v. B.R. GUEST HOLDINGS LLC et al., Defendants and Third-Party Plaintiffs. METROPOLITAN TRANSPORTATION AUTHORITY et al., Third-Party Defendants.

Supreme Court, New York County.

Decided August 15, 2011.

Attorney(s) appearing for the Case

Wallace D. Gossett and Coffey & Coffey, LLP, Brooklyn ( John Coffey of counsel), for third-party defendants. Fox Rothschild LLP, New York City ( Ernest E. Badway and Lauren J. Talan of counsel), for defendants and third-party plaintiffs. Block, O'Toole & Murphy, LLP, New York City, and The Sattiraju Law Firm, P.C., Lynbrook ( David L. Scher and Ravi Sattiraju of counsel), for plaintiff.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this action, plaintiff Michael Miloscia (Miloscia) sues his former employer to recover damages for alleged disability-based employment discrimination, and for breach of an agreement to provide him with benefits. Defendants and third-party plaintiffs B.R. Guest Holdings LLC and Pamela Friedl (together, BR Guest or defendants) brought a third-party complaint against Metropolitan

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