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ALLAN v. CITY OF NEW YORK

No. 03 Civ. 6255(RWS).

386 F.Supp.2d 542 (2005)

Samantha ALLAN, Plaintiff, v. THE CITY OF NEW YORK, the New York City Police Department, New York City Police Officer Edwin Nieves, New York City Police Officer John Doe, Defendants.

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

September 12, 2005.

Attorney(s) appearing for the Case

Victor M. Brown, Brooklyn, NY, by: for Plaintiff, of counsel.

Honorable Michael A. Cardozo, Corporation Counsel of the City of New York New York, NY, By: Concepcion A. Montoya, for Defendants, of counsel.

OPINION

SWEET, District Judge.

Defendants the City of New York (the "City"), the New York City Police Department ("NYPD"), New York City Police Officers Edwin Nieves ("Nieves") and John Doe have moved under Rule 56, Fed.R.Civ.P., to dismiss the complaint of plaintiff Samantha Allan ("Allan"). For the reasons set forth below, the motion is granted in part and denied in part. Furthermore, the Court, on...

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