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MAZURKIEWICZ v. NEW YORK CITY TRANSIT AUTHORITY

No. 91 Civ. 6764 (CBM).

810 F.Supp. 563 (1993)

Les MAZURKIEWICZ, and Anna Mazurkiewicz, Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY, P.O. Victor Di Donato, P.O. Susan Werman, P.O. Barbara Van Cook, P.O. James McFarland and Sgt. Arthur Smith, Police Officers John Does, individually, and in their official capacities, Defendants.

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

January 19, 1993.

Attorney(s) appearing for the Case

Joseph W. Ryan Jr., M. Elisabeth Bergeron, Joseph W. Ryan, J.R. P.C., Uniondale, NY, for plaintiffs Les Mazurkiewicz and Anna Mazurkiewicz.

Bruce Bendix, Rivkin, Radler & Kremer, Uniondale, NY, for defendants New York City Transit Authority, P.O. Susan Werman, P.O. Barbara Van Cook, James McFarland and Arthur Smith.

William A. Gogel, Barry Agulnick, Agulnick & Gogel, New York City, for defendant Victor Di Donato.

OPINION

MOTLEY, District Judge.

I. BACKGROUND: THE INCIDENT IN QUESTION

This lawsuit arises out of an incident at the Columbus Circle Subway Station on September 27, 1990. The following facts are not in conflict:

Plaintiffs are Les Mazurkiewicz, a waiter at the Russian Tea Room and the alleged victim of defendants' acts and his wife Anna Mazurkiewicz. Defendants are officers of the New York City Transit Police and the New York City Transit...

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