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RIVERA v. NEW YORK CITY HEALTH & HOSPITALS CORP.

Nos. 00 Civ. 5279(DC), 01 Civ. 2838(DC).

191 F.Supp.2d 412 (2002)

Edgar RIVERA and Elizabeth Pacheco, Plaintiffs, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, et al., Defendants. Edgar Rivera, Plaintiff, v. United States of America, Defendant.

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

March 26, 2002.

Attorney(s) appearing for the Case

Levine & Grossman, by Michael A. Santo, Mineola, NY, for Plaintiffs.

Gordon & Silber, P.C., by Lawrence S. Wasserman, New York City, for Citiview Connections.

Gallagher, Walker & Bianco, by Robert J. Walker, Mineola, NY, for Fort Washington Men's Shelter.

Michael Cardozo, Corporation Counsel for the City of New York, by Matthew J. Moriana, Asst. Corporation Counsel, New York City, for HHC and City of New York.

Martin, Clearwater & Bell, by Gregory J. Radomisli, New York City, for New York Presbyterian Hospital and Dr. Bonard Moise.

James Comey, U.S. Atty. Southern District of New York, by Ross E. Morrison, Asst. U.S. Atty., New York City, for U.S.

OPINION

CHIN, District Judge.

On April 28, 1999, at the 51st Street Lexington Avenue subway station, Julio Perez pushed plaintiff Edgar Rivera onto the subway tracks in front of an oncoming train. Rivera lost both legs. Perez was homeless and mentally ill; at the time he was receiving medical care or other assistance from three medical facilities and two homeless shelters.

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