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SHERWOOD v. OMEGA CONST. CO.

No. 86 Civ. 2645.

657 F.Supp. 345 (1987)

Gerald SHERWOOD, Plaintiff, v. OMEGA CONSTRUCTION COMPANY and the Village of Liberty, Defendants. The VILLAGE OF LIBERTY, Third-Party Plaintiff, v. DIACO CONSTRUCTION COMPANY and Erikson & Scmitt Engineers, P.C., Third-Party Defendants.

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

April 1, 1987.

Attorney(s) appearing for the Case

Bertram Eisenberg, Appelbaum, Eisenberg, Bauman & Appelbaum, Liberty, N.Y., for plaintiff Sherwood.

Eric Kurtz, Cook, Tucker & Cloonan, Kingston, N.Y., for defendant-third party plaintiff Village of Liberty.

Henry Machtman, Levy, Bivona & Cohen, New York City, for Omega Const.

Mark Seiden, Reidy & Goglick, P.C., New York City, for third-party defendant Grikson & Schmitt.

Hugh Lavery, Babchak, Daly & Lavery, Ossining, N.Y., for third-party defendant Diaco Const. Co.

MEMORANDUM AND ORDER

BRIEANT, Chief Judge:

Plaintiff Gerald Sherwood, a citizen of Pennsylvania, was a mason's apprentice employed by third-party defendant Diaco Construction Company, a New York corporation. Diaco was a subcontractor and defendant Omega Construction Company, a New York corporation, the prime contractor in the construction of a waste water treatment facility in this district for defendant Village of Liberty. On the morning of October...

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