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GOODMAN v. ALBANY TRANSPORT, INC.

No. 96-CV-2022 (LEK/DRH).

103 F.Supp.2d 112 (2000)

Randall J. GOODMAN, Plaintiff, v. ALBANY TRANSPORT, INC.; Commercial Labor Services, Inc., Defendants. Albany Transport, Inc., Cross-Claimant, v. Commercial Labor Services, Inc., Cross-Defendant. Commercial Labor Services, Inc., Cross-Claimant, v. Albany Transport, Inc., Cross-Defendant.

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

March 22, 2000.

Attorney(s) appearing for the Case

Office of Joseph Hein, Altamont, NY, Joseph Hein, of counsel, for plaintiff.

Wayne M. Davis, P.C., Albany, NY, Wayne M. Davis, of counsel, for defendant Albany Transport, Inc.

Willacy, LoPresti & Marcovy, Cleveland, OH, Salvatore J. LoPresti, of counsel, for defendant Commercial Labor Services, Inc.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

The court here addresses the problem of the proper disposition of a summary judgment motion for which the Movant failed to submit a timely statement of material facts, an ommission that would ordinarily render the motion fatally defective. At the same time, a summary judgment motion by the other Defendant calls on the Court to determine whether there are genuine issues of material fact regarding...

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