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KEPNER v. FEDERAL NAT. MORTG. ASS'N

No. 00-CV-1228.

222 F.Supp.2d 210 (2002)

Edward KEPNER and Penelope Kepner, His Wife, Plaintiffs, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION (Fannie Mae); Realty USA; Source One Mortgage Services Corp., n/k/a Citi Mortgage; Five Brothers Mortgage Services Corp.; and Patrick Currie, Defendants.

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

September 20, 2002.

Attorney(s) appearing for the Case

Roemer, Wallens and Mineaux, LLP, for plaintiffs, Albany, NY, Matthew J. Kelly, of counsel.

Wilson, Esler, Moskowitz, Edelman & Dicker, LLP, for defendant, Fannie Mae, White Plains, New York, John M. Flannery, of counsel.

Law Offices of Pacer & Buttridge, for defendant, Realty USA, Albany, NY, Paul G. Hanson, of counsel.

Friedman, Hirschen, Miller & Campito, P.C., for defendant, Source One Mortgage Services Corp. n/k/a Citi Mortgage, Schenectady, NY, Paul Campito, of counsel.

Bouck, Holloway, Kiernan & Casey, for defendant, Five Brothers Mortgage Services Corp., Albany, NY, Mark W. Blanchfield, of counsel.

Walsh & Hacker, for defendant, Patrick Currie, Albany, NY, Thomas J. Walsh, of counsel.

MEMORANDUM- DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff, Edward Kepner ("Kepner" or "plaintiff") commenced this action against defendants for common-law negligence and pursuant to the Labor Law of the State of New York §§ 200, 240, 241, 241-a and 241(6) after allegedly sustaining serious injuries at a house located in Schenectady, New York. The plaintiffs wife, Penelope Kepner, also sues...

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