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BRINK'S, INC. v. CITY OF NEW YORK

No. 80 Civ. 6975.

539 F.Supp. 1139 (1982)

BRINK'S, INC., Plaintiff and Defendant on Counterclaim, v. The CITY OF NEW YORK, Defendant and Counterclaimant. BRINK'S, INC., Third-Party Plaintiff, v. John ADAMS, Anthony De Nardo, Trevor Fairweather, Richard Florio, James Gargiulo, Jorge Olivari and Michael Solomon, William J. Donovan, Francis Gitto, Ramon Hernandez, William McInerney, Anthony San Marco, Jose Rodriguez, James Springett, John Barrera and Joseph Nardo, Third-Party Defendants.

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

May 25, 1982.

Attorney(s) appearing for the Case

Milgrim Thomajan Jacobs & Lee, P. C., New York City, for plaintiff and defendant on counterclaim; Andrew L. Deutsch, Robert A. Meister, New York City, of counsel.

Frederick A. O. Schwartz, Jr., Corp. Counsel of City of New York, New York City, for defendant and counterclaimant; Edward Tuozzo, Patricia Kruger, Asst. Corp. Counsels, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for third-party defendant Gargiulo; H. Michael Clyde, Harold E. Akselrad, New York City, of counsel.

Harvey M. Greene, New York City, for third-party defendant Gitto.

Philip M. Kovitz, New York City, for third-party defendants Hernandez, Rodriguez and Olivari.

Carmine Perrotta, New York City, for third-party defendant San Marco.

Koenigsberg, Norman, Schneider & Biller, New York City, for third-party defendants Springett, Barrera and Nardo; Graham Schneider, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The essential claim by The City of New York (the "City") against Brink's, Inc. ("Brink's") is for the recovery of the loss of New York parking meter revenues allegedly stolen during the course of collection by Brink's employees. Brink's has filed third-party claims for indemnification against some sixteen of its past and present employees (collectively the "third-party defendants"), fifteen of whom allegedly stole...

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