EVANS v. BROOKLYN NAVY YARD DEVELOPMENT CORPORATION, 09 CV 5113 (RJD) (RML). (2012)
Court: District Court, E.D. New York
Number: infdco20120629c94
Visitors: 6
Filed: Jun. 28, 2012
Latest Update: Jun. 28, 2012
Summary: ORDER RAYMOND J. DEARIE, District Judge. Plaintiff Warren Evans alleges that while working on a construction project in 2005, he was struck by a crane cable and permanently injured. Compl. 24. Evans sued Brooklyn Navy Yard Development Corporation and Brooklyn Navy Yard Cogeneration Partners, L.P. in state court. The defendants, in turn, filed a third-party complaint against Deltak Construction Services, the subcontractor for the construction project. Third-party defendant Deltak removed the
Summary: ORDER RAYMOND J. DEARIE, District Judge. Plaintiff Warren Evans alleges that while working on a construction project in 2005, he was struck by a crane cable and permanently injured. Compl. 24. Evans sued Brooklyn Navy Yard Development Corporation and Brooklyn Navy Yard Cogeneration Partners, L.P. in state court. The defendants, in turn, filed a third-party complaint against Deltak Construction Services, the subcontractor for the construction project. Third-party defendant Deltak removed the a..
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ORDER
RAYMOND J. DEARIE, District Judge.
Plaintiff Warren Evans alleges that while working on a construction project in 2005, he was struck by a crane cable and permanently injured. Compl. ¶ 24. Evans sued Brooklyn Navy Yard Development Corporation and Brooklyn Navy Yard Cogeneration Partners, L.P. in state court. The defendants, in turn, filed a third-party complaint against Deltak Construction Services, the subcontractor for the construction project. Third-party defendant Deltak removed the action to federal court and moved to dismiss the third-party complaint under Rule 12(b)(6).
On May 16, 2012, Magistrate Judge Robert M. Levy recommended denying Deltak's motion to dismiss. ECF Docket # 25. Neither party filed objections. Having reviewed the motion papers and Magistrate Judge Levy's careful analysis, the Court adopts the Report and Recommendation, denying Deltak's motion to dismiss the third-party complaint.
SO ORDERED.
Source: Leagle
