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BARKER v. MADISON ASSOCIATES

No. 92 Civ. 3897 (LMM).

869 F.Supp. 189 (1994)

Fred BARKER and Gerri Barker, Plaintiffs, v. MADISON ASSOCIATES, a Limited Partnership, Ernest F. Steiner, 527 Madison Avenue Holdings, Inc., d/b/a 527 Madison Avenue, a New York Partnership, Swing Stage, Limited, and MDN Property Corp., Louis Dreyfus Property Group, Defendants.

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

November 17, 1994.

Attorney(s) appearing for the Case

David J. Sobel, Birzon & Sobel, Smithtown, NY, for Fred Barker, Gerri Barker.

David Persky, Jacobowitz, Spessard, Garfinkel & Lesman, New York City, for Madison Associates, Ernest F. Steiner, 527 Madison Avenue Holdings, Inc., HRH Const. Corp., 527 MDN Property Corp., Louis Dreyfus Corp., Louis Dreyfus Property Group.

Hugh J. Helfenstein, Oshman, Helfenstein & Matza, New York City, for National Cleaning Contractors, Inc.

MEMORANDUM AND ORDER

McKENNA, District Judge.

Plaintiff Fred Barker ("Barker") commenced this action against Defendants on May 29, 1992. The Court is now presented with Plaintiff's motion for summary judgment with regard to liability, and Defendants' cross-motion for summary judgment dismissing the Complaint. Plaintiff also seeks to sever the third-party action against National Cleaning Corp. ("National"). For the reasons stated below, Plaintiff's motions...

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