Legal Opinion
Sylvestri v. Warner & Swasey Co.
District Court, S.D. New York
Decided October 14, 1965PublishedCited by 13 opinions
1Opinion of the Court
WYATT, District Judge.
This is a motion by Comad, Inc., defendant in the action numbered 64 Civ. 484, for judgment in its favor on the pleadings. Fed.R.Civ.P. 12(c). The motion is denied.
Plaintiff avers that he was injured in the State of New York on August 18, 1961 while using certain road building equipment manufactured by The Warner & Swasey Co., Inc. (“Warner”). He filed his complaint in this Court against Warner alone in action 62 Civ. 2884 on August 20, 1962.
On February 13, 1964 plaintiff filed his complaint in this Court against Comad alone in action 64 Civ. 484. The claim is alleged to…
2Cases cited4 opinions
- Hanna v. PlumerSupreme Court of the United States · 1965
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Erickson v. . MacYNew York Court of Appeals · 1923
- Texas v. New JerseySupreme Court of the United States · 1965
3Cited by13 opinions
- Feliciano v. Autoridad de Acueductos y AlcantarilladosSupreme Court of Puerto Rico · 1966
- Salvatore J. Sylvestri v. The Warner & Swasey Co., Inc., Salvatore J. Sylvestri v. Comad, Inc.Court of Appeals for the Second Circuit · 1968
- Vincent Graziano v. George W. PennellCourt of Appeals for the Second Circuit · 1967
- Kaiser v. Mayo ClinicDistrict Court, D. Minnesota · 1966
- Zarcone v. CondieDistrict Court, S.D. New York · 1974
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