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MERZON v. COUNTY OF SUFFOLK

No. CV-85-3907 (ADS).

767 F.Supp. 432 (1991)

Stanley MERZON, as Administrator of the Goods, Chattels and Credits of Paul Merzon, Plaintiff, v. The COUNTY OF SUFFOLK and James Emanuele, Defendants.

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

June 17, 1991.

Attorney(s) appearing for the Case

Epstein & Kwasnik, New York City, for plaintiff; Fred L. Epstein, of counsel.

Kranz, Davis & Hersh, Hauppauge, N.Y., for defendant James Emanuele; Harry D. Hersh, of counsel.

E. Thomas Boyle, Suffolk County Atty., Hauppauge, N.Y. by Jeltje DeJong, Asst. County Atty.

OPINION AND ORDER

SPATT, District Judge.

In the early hours of Saturday, October 27, 1984, at a grassy area behind a fence at the dead end of East Gate in Copiague, a twenty-three year-old man was shot and killed by a Suffolk County police officer. The facts leading up to the encounter in the grassy area are virtually undisputed. The occurrences in the grassy area, however, are controverted and the versions are diverse. As a result of this tragic occurrence...

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