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BORACCI v. MALLOY

No. 82 Civ. 5162 (JES).

643 F.Supp. 1015 (1986)

Andrew BORACCI, Plaintiff, v. Patrick MALLOY III; W. Bruce Reynolds, Malloy Enterprises, Inc., Malloy Real Estate Inc., a/k/a Malloy Realty Corp.; Sonia Henry, individually and as an agent and or employee of Patrick Malloy III, and/or one or more of the aforesaid corporations, Helen Gould, individually and as agent/or employee of Patrick Malloy III; and one or more of the aforesaid corporations; Michael Salargo; John Harrington, individually and as Police Chief of the Village of Sag Harbor; John P. Finnerty, individually and as Sheriff of Suffolk County; Sam Johnson, William Esseks; Patrice O'Hear; Esseks, Hefter, Cuddy & Angel, a partnership; and John F. Johnson, and John Bennett, individually and as employees of the Sheriff's Office; Defendants.

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

September 15, 1986.

Attorney(s) appearing for the Case

Arthur G. Nevins, Jr., New York City, for plaintiff.

Esseks, Hefter, Cuddy & Angel, Riverhead, N.Y., for defendants Malloy, Reynolds, Johnson, Esseks and Esseks, Hefter, Cuddy & Angel; William W. Esseks, James Heffron, of counsel.

Sutera, Siracuse & Sutera, P.C., New York City, for defendants Salargo and Harrington; Emanuele J. Sutera, Charles H. Dobkin, of counsel.

Martin Bradley Ashare, Suffolk Co. Atty., Hauppauge, N.Y., for defendants Finnerty, Johnson and William Essecks; Daniel Martin, Asst. Co. Atty., of counsel.

OPINION AND ORDER

SPRIZZO, District Judge:

BACKGROUND

This is an action brought pursuant to 42 U.S.C. § 1983 (1979), with various pendent state claims. The principal allegations of the § 1983 claim are that various private individuals comprising the "Malloy Group" ("Malloy defendants") as defined by plaintiff, see "Amended Amended Verified Complaint" ("2d Am.Compl.") at ¶ 13,1 conspired with defendants...

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