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VASSALLO v. NIEDERMEYER

No. 80 Civ. 2736(RJW).

495 F.Supp. 757 (1980)

Steven P. VASSALLO, by his Guardian Ad Litem, Salvatore Vassallo, Plaintiff, v. Frederick H. NIEDERMEYER and Kimberly A. Niedermeyer Stewart, II, Defendants.

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

August 13, 1980.

Attorney(s) appearing for the Case

Acito & Klein, New York City, for plaintiff; Charles Palella, White Plains, N. Y., of counsel.

Wilson, Bave, Hayes & Conboy, Yonkers, N. Y., for defendants; William H. Bave, Jr., Michael J. Cozza, Yonkers, N.Y., of counsel.

OPINION

ROBERT J. WARD, District Judge.

Plaintiff, a resident of New York, brings this diversity action to recover for personal injuries sustained in a motor vehicle accident which occurred in Georgia. Defendant Kimberly A. Niedermeyer Stewart ("Stewart"), an Alabama resident, is the owner of the vehicle allegedly driven by defendant Frederick H. Niedermeyer ("Niedermeyer"), a resident of South Carolina, at the time of the accident.

Defendants move...

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