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MONAGHAN v. SZS 33 ASSOCIATES, L.P.

No. 89 Civ. 4900 (RWS).

875 F.Supp. 1037 (1995)

Eleanor MONAGHAN, Individually and as Guardian Ad Litem for William Monaghan, an incompetent, Plaintiffs, v. SZS 33 ASSOCIATES, L.P., a Delaware Limited Partnership, Defendant. SZS 33 ASSOCIATES, L.P., a Delaware Limited Partnership, Third-Party Plaintiff, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY, and Port Authority Trans-Hudson Corp., Third-Party Defendants. SZS 33 ASSOCIATES, L.P., a Delaware Limited Partnership, Second-Third-Party Plaintiff, v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, McLane Security, Inc., Second-Third Party Defendants.

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

February 3, 1995.

Attorney(s) appearing for the Case

Levy Phillips & Konigsberg, New York City (Alan J. Konigsberg, of counsel), for plaintiffs.

Ahmuty, Demers & McManus, New York City (Philip McManus, Deborah Del Sordo, of counsel), for defendant SZS 33 Associates, Inc.

The Port Authority of New York and New Jersey, New York City (Keith Harris, of counsel).

OPINION

SWEET, District Judge.

Plaintiffs William and Eleanor Monaghan (the "Monaghans") have moved to enforce an oral agreement of settlement between them and defendant SZS 33 Associates, L.P. ("SZS"). Also, SZS sought to enforce a contractual indemnification provision under an easement agreement (the "1935 Easement Agreement") against Port Authority of New York and New Jersey ("Port Authority") and the Port Authority Trans-Hudson Corporation ("PATH...

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