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SAMPAIO v. ATLANTIC-HEYDT, LLC

No. 02 Civ. 1201(VM).

294 F.Supp.2d 466 (2003)

Gilmar SAMPAIO and Anna Sampaio, Plaintiffs, v. ATLANTIC-HEYDT, LLC, Pavarini Construction Co., Inc., Solow Building Company, L.L.C., JDP Mechanical, Inc., "John Does 1-5," individually and as agents servants and/or employees of Atlantic-Heydt, LLC., "John Does 6-10," individually and as agents servants and/or employees of Pavarini Construction Co., Inc., "John Does 11-15," individually and as agents servants and/or employees of Solow Building Company, L.L.C., and "John Does 16-20," individually and as agents servants and/or employees of JDP Mechanical, Inc., Defendants.

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

December 2, 2003.

Attorney(s) appearing for the Case

Michael Garabedian, Great River, NY, for plaintiff.

Thomas J. Hall, Fabiani and Cohen, L.L.P., New York City, Roger P. McTiernan, Jr., Barry, McTiernan & Moore, New York City, for defendants.

DECISION AND ORDER

MARRERO, District Judge.

This diversity action arises from an unknown person's prank at a construction site that caused plaintiff Gilmar Sampaio ("Sampaio") to suffer a severe eye injury. Sampaio alleges that four companies connected to the construction at the site were negligent in failing to prevent the injury. On defendants' motion for summary judgment, the Court concludes that Sampaio has not raised a genuine issue of material...

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