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PITT v. CITY OF NEW YORK

No. 82 Civ. 3349 (RWS).

567 F.Supp. 417 (1983)

Thomas PITT, Plaintiff, v. The CITY OF NEW YORK, Richard Nagle, James Mugan, Neil Cronin, William Leins, et al., Defendants.

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

July 19, 1983.

Attorney(s) appearing for the Case

Silk & Bunks, P.C., New York City, for plaintiff; David M. Goldberg, New York City, of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, New York City, for defendants; Patricia A. O'Malley, Asst. Corp. Counsel, New York City, of counsel.

OPINION

SWEET, District Judge.

In this action brought under 42 U.S.C. § 1983, defendant City of New York (the "City") has moved for partial judgment on the pleadings pursuant to Fed.R.Civ.P. 12(b)(6) or in the alternative, for partial summary judgment pursuant to Fed.R. Civ.P. 56. For the reasons set forth below, the motion is denied.

According to the complaint, on June 2, 1979, Thomas Pitt ("Pitt") was in Flagherty's Bar in Manhattan. In the...

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