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MANFRA v. KOCH

No. 87 Civ. 3261 (EW).

666 F.Supp. 637 (1987)

Philip MANFRA, Plaintiff, v. Edward I. KOCH, Mayor of the City of New York; Harrison Goldin, Comptroller, City of New York; Benjamin Ward, Police Commissioner, New York and Chairman of the Police Pension Fund, Article II; Medical Board Police Pension Fund, Article II, Director of Personnel, City of New York, Defendants.

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

August 26, 1987.

Attorney(s) appearing for the Case

John P. Rudden, New York City, for plaintiff.

Peter L. Zimroth, Corp. Counsel of the City of New York, New York City, Neal J. McNamara, Asst. Corp. Counsel, of counsel, for defendants.

OPINION

EDWARD WEINFELD, District Judge.

This is an action by a retired New York City police officer brought under 42 U.S.C. §§ 1983 and 1985 based upon the denial of an accident disability retirement pension. Defendants move to dismiss the action on the ground that it is barred by the doctrine of res judicata. Plaintiff cross moves for summary judgment.

BACKGROUND

On December 18, 1981, plaintiff was injured in the line of duty...

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