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SOBA v. McGOEY

No. 83 Civ. 6085 (RPP).

748 F.Supp. 227 (1990)

Carlos SOBA, Plaintiff, v. Sgt. McGOEY, Det. McComiskey, Police Officers O'Brien, Blackwell, Langan, Police Department, and the City of New York, Defendants.

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

October 17, 1990.

Attorney(s) appearing for the Case

Reid & Priest, New York City, Stephen H. Kinney, Jr., for plaintiff.

Victor A. Kovner, Corp. Counsel, New York City, Phyllis K. Saxe, Asst. Corp. Counsel, for defendants.

OPINION

ROBERT P. PATTERSON, Jr., District Judge.

This is a motion by defendants Detective McComiskey ("McComiskey") and Police Officer O'Brien ("O'Brien") pursuant to Rule 50 of the Federal Rules of Civil Procedure for (a) a directed verdict and (b) for judgment notwithstanding the verdict and, pursuant to Rule 59 of the Federal Rules of Civil Procedure, for a new trial. Fed.R. Civ.P. 50, 59. For the reasons set forth below, the motion is denied.

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