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ZUCKER v. CAPITELLI

No. CV 89-0463 (ADS).

736 F.Supp. 449 (1990)

Sara ZUCKER, Individually and as Administratrix of the Goods, Chattels and Credits which were of Hilla Zucker, Deceased, Plaintiff, v. Andrew CAPITELLI, an Infant over the Age of 14 Years, Individually and By his Parent or Natural Guardian, Buchanan Construction Corp., Scotty Construction Corp. and the City of New York, Defendants.

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

May 14, 1990.

Attorney(s) appearing for the Case

Moser & Henkin, New York City, for plaintiff; Norman E. Henkin, of counsel.

Waxman & Miller, P.C., Great Neck, N.Y., for defendant Buchanan Const. Corp.; Jeffrey Boyar, of counsel.

Victor Kovner, Corp. Counsel, City of New York, New York City, for defendant City of New York; Steven Levi, of counsel.

Ferrari, Rosenthal & Matusiak, Manhasset, N.Y., for defendant Scotty Const. Corp.; James Matusiak, of counsel.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

In this wrongful death action the defendants Buchanan Construction Corporation ("Buchanan") and Scotty Construction Corporation ("Scotty") move for summary judgment pursuant to Fed.R.Civ.P. 56, on the ground that there are no genuine issues of material fact in dispute. The defendant, the City of New York ("City"), also moves for summary judgment claiming that as a matter of law section 7-201(c) of the...

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