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ENDY v. VILLAGE OF NYACK

No. 82 Civ. 5778(MEL).

576 F.Supp. 1562 (1984)

Harold ENDY, Sr., as Administrator of the Goods, Chattels, and Credits of Harold Endy, Jr., Deceased, Plaintiff, v. VILLAGE OF NYACK and Michael and Janice McCann, Inc. d/b/a "Just Jan's", Defendants.

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

January 12, 1984.

Attorney(s) appearing for the Case

Elkind, Flynn & Maurer, P.C., New York City, for plaintiff.

Scapolito, Solinger & O'Brien, Mount Vernon, N.Y., for defendant Village of Nyack; James T. O'Brien, Mount Vernon, N.Y., of counsel.

Dubbs & DePodwin, New City, N.Y., for defendants Michael and Janice McCann, Inc., d/b/a "Just Jan's".

LASKER, District Judge.

Defendant Village of Nyack ("Nyack") moves to dismiss the complaint based on the absence of diversity between the parties and for failure to state a claim upon which relief can be granted. Nyack also moves for summary judgment on the grounds that uncontroverted facts establish as a matter of law that the death of the decedent, Harold Endy, Jr., did not result from negligence on the part of Nyack. Defendant Michael and Janice McCann, Inc. (...

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