Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:03-cv-01013-SRU

Document 66-3

Filed 11/24/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARSHALL AVIATION, LLC : : v. : : AIG AVIATION, INC. and : THE INSURANCE COMPANY OF : THE STATE OF PENNSYLVANIA : : v. : : MJ AVIATION, LLC, LJ AVIATION, LLC : and LOUIS PUGLIESE, JR. : CIVIL ACTION NO. 303CV1013 (SRU) Local Rule 56(a) 1 Statement

NOVEMBER 23, 2004

Third Party Defendant, LJ Aviation, LLC, by and through its attorney, Kenny, O'Keefe & Usseglio, P.C., moves for summary judgment and contends that there is no genuine issue to be tried as to the following facts: 1. LJ Aviation, LLC was formed as a limited liability corporation on November 27, 2002. See Pugliese Affidavit at ¶ 5; 2. Both Marshall Aviation and AIG Aviation allege that the damage to the aircraft occurred on November 14, 2002. See Third-Party Complaint at ¶ 10; 3. AIG Aviation further alleges that LJ Aviation was engaged in the business of servicing and repairing aircraft at all relevant times. Id. at ¶ 8;

Case 3:03-cv-01013-SRU

Document 66-3

Filed 11/24/2004

Page 2 of 3

4.

LJ Aviation was not engaged in the business of servicing and repairing aircraft on November 14, 2002. See Pugliese Affidavit at ¶ 4;

5.

MJ Aviation LLC sold the maintenance shop located at 1 Wallingford Road to LJ Aviation LLC on December 1, 2002. See Pugliese Affidavit at ¶ 7;

6.

Under the sale agreement, LJ Aviation assumed all assets and financial liabilities of MJ Aviation incurred of as of November 30, 2002. See Pugliese Affidavit at ¶ 8;

7.

Moreover, under the Agreement, the parties agreed that LJ Aviation "will not be held responsible for any liabilities arising out of operations from the goods sold, services and/or work performed, including bodily injury or property damage by MJ Aviation LLC, their employees, or affiliates prior to November 30, 2002." See Pugliese Affidavit at ¶ 9. THE DEFENDANT, LJ AVIATION, LLC BY: Richard J. Kenny Federal Bar No. ct04311 Kenny, O'Keefe & Usseglio, P.C. Their Attorneys 21 Oak Street, Ste. 208 Hartford, CT 06106 (860) 246-2700 (860) 246-6480

Case 3:03-cv-01013-SRU

Document 66-3

Filed 11/24/2004

Page 3 of 3

CERTIFICATION I hereby certify that a copy of the foregoing was mailed; postage prepaid this 23rd day of November, 2004 to the following: Robert J. O'Brien, Esq. Jonathan Snyder, Esq. Gordon, Muir & Foley, LLP 10 Columbus Boulevard Hartford, CT 06106 Steven E. Arnold, Esq. Peter Van Dyke, Esq. Stanger & Arnold, LLP 29 South Main Street West Hartford, CT 06107 Eric P. Smith, Esq. Lynch, Traub, Keefe and Errante 52 Trumbull Street P.O. Box 1612 New Haven, CT 06506-1612

Richard J. Kenny Kenny, O'Keefe & Usseglio, P.C.