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EAST COAST NOVELTY CO., INC. v. CITY OF NEW YORK

No. 90 Civ. 2108 (RWS).

809 F.Supp. 285 (1992)

EAST COAST NOVELTY COMPANY, INC., Plaintiff, v. The CITY OF NEW YORK, The Police Department of the City of New York, Carl W. Wendt, Property Clerk of the Police Department of the City of New York, Police Officer Sandra Vazquez, Badge No. 24707, Police Inspector Frank Biehler, Police Legal Bureau Officer Karen Pakstis, Police Detective Mitchell Kolpan, a/k/a Eric Vitale, Assistant New York County District Attorney Robert Viteretti, Robert Morgenthau in his official capacity as District Attorney of the County of New York, State of New York and Police Lieutenant Michael Walsh, Defendants.

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

December 17, 1992.

Attorney(s) appearing for the Case

Kahn & Sternberg, Rockville Center, NY, for plaintiff; Elaine H. Sternberg, of counsel.

O. Peter Sherwood, Corp. Counsel of the City of New York, New York City, for defendants; Lawrence Wolff, John P. Woods, Asst. Corp. Counsel, of counsel.

OPINION

SWEET, District Judge.

Defendants City of New York (the "City"), Frank Biehler ("Inspector Biehler"), Karen Pakstis ("Officer Pakstis"), Mitchell Kolpan ("Detective Kolpan"), Robert Viteretti ("ADA Viteretti"), Robert Morgenthau (the "District Attorney"), and Michael Walsh ("Lieutenant Walsh") (collectively the "Defendants") have all moved for an order dismissing Plaintiff East Coast Novelty Company's ("East Coast") Amended Complaint, pursuant to...

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