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U.S. SPECIALTY INS. CO. v. LEBEAU, INC.

No. 10-CV-6533L.

847 F.Supp.2d 500 (2012)

U.S. SPECIALTY INSURANCE COMPANY, Plaintiff, v. LeBEAU, INC., et al., Defendants.

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

February 22, 2012.

Attorney(s) appearing for the Case

Frederick P. Alimonti, Alimonti Law Offices, Jeremy I. Hager, Alimonti Law Offices, P.C., New York, NY, Reed N. Summers, Sutter, Summers & Lydon, Webster, NY, for Plaintiff.

Samuel H. Caruso, Jr., Kaman, Berlove, Marafioti, Jacobstein & Goldman, Brian Edward Marianetti, Howard A. Stark, John C. Palermo, Joseph B. Rizzo, Igor Shukoff, City of Rochester, Law Department, Rochester, NY, Tammy L. Riddle, Hoganwillig, Getzville, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

On May 31, 2009, during and in proximity to an air show held at Ontario Beach Park in the City of Rochester, defendant Shane Full, a pedestrian, was struck and seriously injured by a motor vehicle operated by a third party, Jessie Schlageter, who was driving a vehicle near the site of the air show.

On May 28, 2010...

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