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KYNE v. CARL BEIBER BUS SERVICES

No. 00 CIV. 3370(RMB).

147 F.Supp.2d 215 (2001)

Cecelia KYNE, Plaintiff, v. CARL BEIBER BUS SERVICES, Carl R. Beiber, Inc., Beiber Bus Company, Eugene Mertz, and Port Authority of New York and New Jersey, Defendants.

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

June 19, 2001.

Attorney(s) appearing for the Case

Joel L. Pitman, Springfield, NJ, for plaintiff.

Angela Calamia, Port Authority of New York & New Jersey, New York City, Milton H. Pachter, New York City, for defendants.

DECISION AND ORDER

BERMAN, District Judge.

I. Background

Plaintiff Cecelia Kyne ("Plaintiff" or "Kyne") asserts, in a complaint filed May 3, 2000, and based upon "diversity jurisdiction" under 28 U.S.C. § 1332, that while she was at the Port Authority Bus Terminal in Manhattan on April 13, 1999, she sustained personal injuries arising from an alleged sexual assault by defendant Eugene Mertz ("Mertz"). Mertz was employed by Defendants...

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