District Court, S.D. New York November 1, 1999, No. 98 Civ. 4486 RMB (In re the Complaint of Illusions Holdings, Inc.)

DECISION AND ORDER

BERMAN, District Judge.

Steven M. Wagner (“Wagner” or “Claimant”) seeks damages resulting from injuries he allegedly sustained (to his shoulder) while scuba diving in the British Virgin Islands on December 23,1994. Wagner alleges that the injury resulted from the negligence of Illusions Holdings, Inc.