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RICCIUTI v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 90 Civ. 2823 CSH, 94 Civ. 141 CSH.

70 F.Supp.2d 300 (1999)

Alfred RICCIUTI and Daniel Ricciuti, Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY, N.Y.C. Transit Police Department, N.Y.C. Transit Police Officer H. Lopez, Transit Police Lt. R.L. Wheeler, The City of New York, N.Y.C. Department of Corrections, N.Y.C. Corrections Commissioner Richard Koehler, N.Y.C. Corrections Officer Harlise Watson, Defendants. Alfred Ricciuti and Daniel Ricciuti, Plaintiff, v. Francis O'Hare, individually and in his capacity as Captain of the N.Y.C. Transit Police Department, Defendant.

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

Opinion Denying Reargument November 18, 1999.

Attorney(s) appearing for the Case

Murphy & O'Connell, New York City (Kathleen O'Connell, of counsel), Henry & Regan, White Plains, NY (John V. Henry, of counsel), for plaintiffs.

Corporation Counsel, New York City (Patricia Miller, of counsel), for defendants Watson and O'Hare.

Thurm & Heller, New York City, for defendant Lopez.

Peltz & Walker, New York City (John O'Donnell, of counsel), for defendant Wheeler.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

Following a jury verdict rejecting their claims, plaintiffs move for a new trial pursuant to Rule 59(a), Fed.R.Civ.P.

I. Procedural History

This action arises out of an altercation outside Yankee Stadium on April 30, 1989 between plaintiffs Alfred Ricciuti ("Alfred") and Daniel Ricciuti ("Daniel"), and defendant Harlice Watson, an off-duty New York City Corrections...

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