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CRISTINA v. DEPARTMENT OF STATE, OF NEW YORK

No. 76 Civ. 1393.

417 F.Supp. 1012 (1976)

Salvatore J. CRISTINA, Plaintiff, v. DEPARTMENT OF STATE OF the STATE OF NEW YORK et al., Defendants.

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

August 13, 1976.

Attorney(s) appearing for the Case

Gene Crescenzi, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants Dept. of State, Weiner and Nadler; A. Seth Greenwald, New York City, of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendants Police Dept., Maloney and Luzzi; Joseph Halpern, Sidney Bremer, Angelo Aiosa, New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

Defendants Police Department of the City of New York ("N.Y.C.P.D."), Officer Peter Maloney and Lt. Anthony Luzzi move to dismiss the complaint pursuant to Rule 12(b)(1), Fed.R.Civ.P., for lack of subject matter jurisdiction and pursuant to Rule 12(b)(6), for failure to state a claim upon which relief can be granted, or in the alternative, for summary judgment pursuant to Rule 56 on the latter ground. In addition, the...

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