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GUARASCIO v. DRAKE ASSOCIATES INC.

No. 06 Civ. 15185 (CM).

582 F.Supp.2d 459 (2008)

Jacqueline GUARASCIO and Christine Wile, as Legal Representatives and Guardians of the Person of Anthony Guarascio, Plaintiffs, v. DRAKE ASSOCIATES INC., The Underwater Authority, a Corporation; EIC Associates Inc., and South Jersey Port Corporation, Defendants. v. Global Marine Construction Supply, Inc., Third-Party Defendant.

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

September 15, 2008.

Attorney(s) appearing for the Case

Scott Darren Frendel, Braunfotel & Frendel, LLC, New City, NY, Frear Stephen Schmid, Law Offices Bernard M. Gross, P.C(SF), Gary Allen Angel, Law Offices of Gary A. Angel, San Franscisco, CA, for Plaintiffs.

Simon Harter, Law Offices of Simon Harter, Esq., Craig Shaw English, Thomas Charles Murphy, Kennedy Lillis Schmidt & English, John Sandercock, Lester, Schwab, Katz and Dwyer, LLP, David Persky, Law Offices of Edward Garfinkel, Vincent A. Nagler, Callan, Koster, Brady & Brennan, LLP, New York, NY, Paul Edward Carney, Cerussi & Spring, White Plains, NY, James F. Kane, Joseph P. McNulty, Carroll, McNulty & Kull L.L.C., Basking Ridge, NJ, for Defendants.

DECISION AND ORDER GRANTING GLOBAL MARINE'S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge:

This litigation arises out of a diving accident that occurred on February 24, 2006 ("the accident"), in which plaintiffs' ward Anthony Guarascio ("Mr. Guarascio") sustained permanent severe brain damage after his air supply was cut off. Pursuant to Federal Rule of Civil Procedure 14(c), Defendant Drake Associates, Inc., The Underwater Authority ("Drake"), Mr...

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