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FERNANDEZ v. SMITH

No. 07 Civ. 6310(DC).

558 F.Supp.2d 480 (2008)

Christopher FERNANDEZ, Petitioner, v. Joseph SMITH et ano, Respondents.

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

June 5, 2008.

Attorney(s) appearing for the Case

Epstein & Weil, by Lloyd Epstein, Esq., New York, NY, for Petitioner.

Robert T. Johnson, Esq., District Attorney, Bronx County, by Christopher Blira-Koessler, Esq., Assistant District Attorney, Bronx, NY, for Respondents.

OPINION

CHIN, District Judge.

In the early hours of June 30, 2001, petitioner Christopher Fernandez's cousin was involved in a confrontation with a group of young men. Fernandez arrived on the scene in a car, and the members of the group ran off. The cousin got into the vehicle, and Fernandez and his cousin saw one of the young men, Anthony Santiago, in the street. They drove after him. The cousin jumped out and started attacking him. Within moments...

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