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WAHHAB v. CITY OF NEW YORK

No. 02 Civ. 0851(CBM).

386 F.Supp.2d 277 (2005)

Eliezer WAHHAB, and Amehra Brown, Plaintiffs, v. The CITY OF NEW YORK, New York City Police Officers Samuel Rushing, Shield # 6377 and David E. Martin, Shield # 88157, the Gallery at Fulton St., LLC, Top Potato Plus Corp., Theodore Priftakis, Individually and as Owner/Manager of Top Potato Plus Corp., Cannady Security Co., Henry Cannady, Individually and as Owner of Cannady Security Co., Security Guard Jovan Rouse, and Security Guards Doe One Through Five, not yet identified, Defendants.

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

February 10, 2005.

Attorney(s) appearing for the Case

Daniel Matthew Perez, George David Washtel, Ronald Laurence Kuby, Daniel Kuby & Perez, LLP, New York City, for Plaintiffs.

Howard S. Shafer, David Adam Glazer, Smith Mazure Director Wilkens Young Yagerman & Tarallo, P.C., New York City, for Defendants.

OPINION

MOTLEY, District Judge.

I. BACKGROUND

A. Introduction

Plaintiffs Eliezer Wahhab and Amehra Brown claims that Wahhab was assaulted by security guards while they and their family were at a restaurant in the food court of a shopping mall. After an altercation arose between Wahhab and the restaurant manager over food quality, security guards, some of whom were off-duty police officers and some of whom were civilian...

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