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CARLUCCI v. U.S.

No. 91 Civ. 3615 (GLG).

793 F.Supp. 482 (1992)

Joseph P. CARLUCCI, Plaintiff, v. UNITED STATES of America, Defendant. UNITED STATES of America, Counterclaimant and Third-Party Plaintiff, v. Joseph P. CARLUCCI, Counterclaim Defendant, and Carmine Magnotta, Third-Party Defendant. Joseph P. CARLUCCI, Cross-claimant and Third-Party Plaintiff, v. Carmine MAGNOTTA, Cross-claim Defendant, and David Romanello, Janice Spadaro, Mark Parker & Kurt Wittek, Third-Party Defendants. Carmine MAGNOTTA, Third-Party Counterclaimant, v. UNITED STATES of America, Third-Party Counterclaim Defendant.

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

June 16, 1992.

Attorney(s) appearing for the Case

Cuddy & Feder, White Plains, N.Y. (Stanley E. Bulua, of counsel), for plaintiff.

Otto G. Obermaier, U.S. Atty., S.D.N.Y. by Steven I. Froot, Asst. U.S. Atty., New York City, for defendant.

David L. Orenstein, P.C., White Plains, N.Y. (David L. Orenstein, of counsel), for third-party defendant Magnotta.

Gilbride, Tusa, Last & Spellane, New York City (Eric H. Seltzer, of counsel), for third-party defendant Romanello.

Hannoch Weisman, Roseland, N.J. (Eric Breslin, of counsel), for third-party defendant Spadaro.

OPINION

GOETTEL, District Judge.

Plaintiff Joseph Carlucci and third-party defendant Carmine Magnotta owned the Davenport Restaurant in Stamford, Connecticut. The Davenport was organized as a corporation; it is alleged that Magnotta and Carlucci were officers and directors of the corporation in addition to being shareholders. In his complaint, Carlucci alleges that Magnotta was responsible for the management and operating of the restaurant, including supervision...

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