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  5. 742 F.Supp.2d 265 (2008)
 

CHIMBAY v. AVALONBAY COMMUNITIES, INC.

No. 06-CV-1908 (JS) (MLO).

742 F.Supp.2d 265 (2008)

Jose CHIMBAY, Plaintiff, v. AVALONBAY COMMUNITIES, INC., d/b/a Avalon Pines, DaVinci Construction of Nassau, Inc., d/b/a/ DaVinci Construction Company, Defendants. DaVinci Construction of Nassau, Inc., d/b/a/ DaVinci Construction Company, Third-Party Plaintiff v. Gold Star Construction, Inc., Burlington Insurance Company, Third-Party Defendants.

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

September 26, 2008.

Attorney(s) appearing for the Case

Richard M. Winograd, Esq., Gary R. Novins, Esq., Ginarte, O'Dwyer & Winograd, LLP, New York, NY, for Plaintiff.

Richard Lyle Reiter, Esq., Guy J. Levasseur, Esq., Nancy Quinn Koba, Esq., Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains, NY, for Defendant AvalonBay Communities, Inc.

Paul Kovner, Esq., Rubin & Fiorella, New York, NY, for Defendant DaVinci Construction.

No Appearance, for Third-Party Defendant Gold Star Construction.

Adrian Marshall Szendel, Esq., Ford Marrin Esposito Witmeyer & Gleser, New York, NY, for Third-Party Defendant Burlington Ins.

MEMORANDUM AND ORDER

SEYBERT, District Judge:

INTRODUCTION

On April 25, 2006, Plaintiff Jose Chimbay filed a Complaint against Defendants AvalonBay Communities, Inc. ("Avalon-Bay"), and DaVinci Construction of Nassau, Inc. ("DaVinci") seeking to recover for injuries Plaintiff suffered while working at a construction site. Plaintiff alleges that his accident was a result of AvalonBay...

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