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ESTATE OF LOVERIA v. PORTADAM, INC.

No. 3:09-CV-1215.

850 F.Supp.2d 354 (2010)

ESTATE OF Timothy A. LOVERIA by Gregorio O. LOVERIA, Administrator, Plaintiff, v. PORTADAM, INC., Robert Gatta, and Timothy Brearman, Defendants.

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

May 25, 2010.

Attorney(s) appearing for the Case

Edward E. Kopko, Wiggins, Kopko Law Firm, Ithaca, NY, for Plaintiff.

Jonathan M. Bernstein, William J. Greagan, Goldberg, Segalla Law Firm, Albany, NY, for Defendants.

DECISION and ORDER

THOMAS J. McAVOY, Senior District Judge.

On October 29, 2009, the Estate of Timothy A. Loveria by Gregorio O. Loveria, Administrator (Plaintiff), commenced a wrongful death action pursuant to N.Y. EPTL §§ 5-4.1 through 5-4.5 and a survival action pursuant to N.Y. EPTL § 11-3.3 alleging that "Portadam, Robert Gatta, and Timothy Brearman, individually and collectively...

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