FERNANDEZ v. BEEHIVE BEER DISTRIBUTING CORP.

No. 12-cv-01968 (TPG).

DARIO FERNANDEZ, Plaintiff, v. BEEHIVE BEER DISTRIBUTING CORP. d/b/a WINDMILL DISTRIBUTING CO., Defendant.

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

September 18, 2017.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 442 Civil Rights: Jobs
Source: PACER


Attorney(s) appearing for the Case

Dario Fernandez, Plaintiff, represented by Russell S. Moriarty, Levine & Blit, Pllc.

Dario Fernandez, Plaintiff, represented by Glenn Verchick, Law Office of Glenn Verchick.

Windmill Distributing Company, L.P., Defendant, represented by Eugene T. D'Ablemont, Kelley Drye & Warren, LLP.

Phoenix Beverages, Inc., Defendant, represented by Eugene T. D'Ablemont, Kelley Drye & Warren, LLP.

Windmill Distributing Company, L.P., Counter Claimant, represented by Eugene T. D'Ablemont, Kelley Drye & Warren, LLP.

Phoenix Beverages, Inc., Counter Claimant, represented by Eugene T. D'Ablemont, Kelley Drye & Warren, LLP.

Dario Fernandez, Counter Defendant, represented by Russell S. Moriarty, Levine & Blit, Pllc & Glenn Verchick, Law Office of Glenn Verchick.


OPINION

Plaintiff Dario Fernandez moves to dismiss the defendant's First Counterclaim. Defendants Windmill Distributing Co. ("Windmill") seek to offset any damages award in an amount equal to the workers' compensation payments that Fernandez received during the time period relevant to his claim under the...

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