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TISDEL v. BARBER

No. 95 Civ. 5204(WCC).

968 F.Supp. 957 (1997)

David TISDEL and Barbara Tisdel, Plaintiffs, v. Daniel H. BARBER, a/k/a Daniel Barber, George Paletta, Hillandale Sales Corp. and Weschester Industrial Sales, Inc., Defendants.

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

July 9, 1997.

Attorney(s) appearing for the Case

Keegan, Keegan & Associates, P.C., White Plains, NY, for Plaintiffs; John W. Keegan, Jr., of counsel.

Harms, Della Jacono & Finneran, Elmsford, NY, for Daniel H. Barber, A/K/A Daniel Barber and George Paletta; William K. Capshaw, of counsel.

LaRose & LaRose, Poughkeepsie, NY, for Defendants Hillandale Sales Corp. and Weschester Industrial Sales, Inc.; Keith V. LaRose, of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff David Tisdel ("Tisdel") brought this diversity action seeking damages for personal injuries allegedly suffered in 1994 when he slipped and fell on ice near a building owned by defendants Daniel Barber and George Paletta (the "Owners"). Plaintiff has also sued Westchester Industrial Sales, Inc., a tenant of the building at the time of the fall (the "Tenant"). On November 7, 1996...

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