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ZIRLIN v. VILLAGE OF SCARSDALE

No. 03CIV.9903(CLB).

365 F.Supp.2d 477 (2005)

Harry ZIRLIN, Plaintiff, v. THE VILLAGE OF SCARSDALE, The Village of Scarsdale Police Department, the Village of Scarsdale Chief of Police John A Brogan, Sergeant David A. Pobereskin, Sergeant Peter Godshall, Police Officer Robert Raysor, Police Officer Steven Zappolo and Village of Scarsdale Police Officer John Does # 1-4. Defendants.

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

March 31, 2005.

Attorney(s) appearing for the Case

Bruce E. Menken, Harry Zirlin Esq., Beranbaum, Menken & Ben-Asher, LLP, New York, NY, for Plaintiff.

Howard T. Cole, Law Office of Thomas J. Leonard, White Plains, NY, for Defendants.

Memorandum and Order

BRIEANT, District Judge.

By motion filed in this civil rights action on February 23, 2005 (Doc. # 34), Plaintiff Harry Zirlin moves, following an adverse jury verdict, for Judgment as a Matter of Law under Fed.R.Civ.P. 50(b), or in the alternative for a new trial under Fed.R.Civ.P. 59(a). Opposition papers were filed on March 10, 2005.

The following facts, viewed most favorably to the jury's verdict, were developed in...

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