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GRIOLI v. DELTA INTERN. MACHINERY CORP.

No. 03-cv-02845-ADS-JO.

395 F.Supp.2d 11 (2005)

Domingo GRIOLI, and Ema Grioli, Plaintiffs, v. DELTA INTERNATIONAL MACHINERY CORP., Defendant, Delta International Machinery Corp., Third Party Plaintiff, v. Brothers Aluminum Corp., Third Party Defendant.

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

October 29, 2005.

Attorney(s) appearing for the Case

David J. Sutton, P.C. by David John Sutton, Esq., Michael J. Cannon, Esq., Anthony N. Elia, Esq., Garden City, NY, for plaintiffs.

O'Connor, O'Connor, Hintz & Deveney, LLP. by Brian T. Deveney, Esq., Melville, NY, for defendant and third party plaintiff.

Herzfeld & Rubin, P.C. by Howard L. Wexler, Esq., New York City, for the third party defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This products liability case involves the interesting question of the attempted disqualification of a plaintiff's expert witness who was formerly a trial counsel for the defendant. Domingo and Ema Grioli (the "Plaintiffs") seek to recover damages for personal injuries based on negligent design, strict liability, and breach of warranty. Domingo Grioli ("Grioli") sustained injuries to his left...

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