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WALSH v. DURKIN BROS., INC.

No. 96 Civ. 0079(WCC).

981 F.Supp. 267 (1997)

James WALSH and Anna Walsh, Plaintiffs, v. DURKIN BROTHERS, INC. and Thomas Durkin, Defendants.

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

October 16, 1997.

Attorney(s) appearing for the Case

Klein & Folchetti, White Plains, NY (Robert W. Folchetti, of counsel), for Plaintiffs.

Wilson, Bave, Conboy, Cozza & Couzens, P.C. White Plains, NY (William H. Bave, Jr., of counsel), for Defendants.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiffs James and Anna Walsh bring this action seeking damages sounding in common law tort against defendants Durkin Brothers, Inc. ("Durkin Bros.") and Thomas Durkin ("Durkin"). This Court has jurisdiction pursuant to 28 U.S.C. § 1332. Defendants move for summary judgment under FED.R.CIV.P. 56 on the ground that New York's "no-fault" automobile insurance law bars plaintiffs' claims...

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