ZINZ v. EMPIRE CITY SUBWAY COMPANY (LIMITED)

No. 13 Civ. 4415 (LGS).

HERBERT ZINZ, Plaintiff, v. EMPIRE CITY SUBWAY COMPANY (LIMITED), et al., Defendants,

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

October 14, 2014.


Attorney(s) appearing for the Case

Herbert Zinz, Plaintiff, represented by David Jaroslawicz , Jaroslawicz & Jaros, LLC & Elizabeth Eilender , Elizabeth Eilender, Esq.

Empire City Subway Company (Limited), Defendant, represented by Darrell John , Conway, Farrell, Curtin & Kelly P.C..

The City Of New York,, Defendant, represented by Bradley Michael Wanner , New York City Law Department.

Consolidated Edison Company of New York Inc., Defendant, represented by John Michael Fox , Richard H. Waxman, P.C, Alexander Charles Aviles , Consolidated Edison Company of New York, Inc. & Vivian Dole , Consolidated Edison Co. of N.Y., Inc..

Empire City Subway Company (Limited), Cross Claimant, represented by Darrell John , Conway, Farrell, Curtin & Kelly P.C..

Consolidated Edison Company of New York Inc., Cross Defendant, represented by John Michael Fox , Richard H. Waxman, P.C & Vivian Dole , Consolidated Edison Co. of N.Y., Inc..

Consolidated Edison Company of New York Inc., Cross Claimant, represented by John Michael Fox , Richard H. Waxman, P.C & Vivian Dole , Consolidated Edison Co. of N.Y., Inc..

Empire City Subway Company (Limited), Cross Defendant, represented by Darrell John , Conway, Farrell, Curtin & Kelly P.C..

The City Of New York,, Cross Claimant, represented by Bradley Michael Wanner , New York City Law Department.

Consolidated Edison Company of New York Inc., Cross Defendant, represented by John Michael Fox , Richard H. Waxman, P.C & Vivian Dole , Consolidated Edison Co. of N.Y., Inc..

Empire City Subway Company (Limited), Cross Defendant, represented by Darrell John , Conway, Farrell, Curtin & Kelly P.C..

Consolidated Edison Company of New York Inc., Cross Claimant, represented by John Michael Fox , Richard H. Waxman, P.C & Alexander Charles Aviles , Consolidated Edison Company of New York, Inc..

Empire City Subway Company (Limited), Cross Defendant, represented by Darrell John , Conway, Farrell, Curtin & Kelly P.C..

The City Of New York,, Cross Defendant, represented by Bradley Michael Wanner , New York City Law Department.

Consolidated Edison Company of New York Inc., Cross Defendant, represented by John Michael Fox , Richard H. Waxman, P.C, Alexander Charles Aviles , Consolidated Edison Company of New York, Inc. & Vivian Dole , Consolidated Edison Co. of N.Y., Inc..

Empire City Subway Company (Limited), Cross Defendant, represented by Darrell John , Conway, Farrell, Curtin & Kelly P.C..

The City Of New York,, Cross Defendant, represented by Bradley Michael Wanner , New York City Law Department.


OPINION AND ORDER

LORNA G. SCHOFIELD, District Judge.

On March 30, 2013, Plaintiff Herbert Zinz tripped and fell at the intersection of Spring Street and Broadway in Manhattan, and sustained several injuries. Zinz initiated this lawsuit, based on diversity jurisdiction, asserting a single negligence claim against Defendants Empire City Subway Company (Limited) ("Empire"), the City of New York ("the City"), Consolidated Edison Company of New York, Inc. (...

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