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GONZALEZ v. CABALLERO

No. 07 Civ. 4801 (DC).

572 F.Supp.2d 463 (2008)

Luis GONZALEZ, Plaintiff, v. "John" CABALLERO (first name being unknown) and New England Motor Freight Inc., Defendants.

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

August 27, 2008.

Attorney(s) appearing for the Case

Leav & Steinberg, LLP, by Daniel T. Leav, Esq., New York, NY, for Plaintiff.

Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, by Todd C. Rubenstein, Esq., Lake Success, NY, for Defendant.

MEMORANDUM DECISION

CHIN, District Judge.

On September 12, 2005, defendant "John" Caballero, a driver for defendant New England Motor Freight Inc. ("NEMF"), delivered a number of display racks to the Tribeca Soho Animal Hospital (the "Hospital"). Instead of taking the display racks into the Hospital, however, Caballero left them outside on the street. Plaintiff Luis Gonzalez, an employee of the Hospital, attempted to move the display racks into the...

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