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SMITH v. TOWN OF HEMPSTEAD DEPT. OF SANITATION

No. 08-cv-3546 (ADS)(WDW).

798 F.Supp.2d 443 (2011)

Leo SMITH, Jr., Benjamin Cannon, Jr., and John Christopher Smith, Plaintiffs, v. TOWN OF HEMPSTEAD DEPARTMENT OF SANITATION SANITARY DISTRICT NO. 2, Board of Commissioners in their official and individual capacities, Robert Noble in his individual and official capacity, Michael McDermott in his individual and official capacity, Nicholas Diniccio in his individual and official capacity and John Beyer in his individual and official capacity, Defendants.

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

July 19, 2011.

Attorney(s) appearing for the Case

Law Offices of Frederick K. Brewington, Esq. by: Frederick K. Brewington, Esq., Gregory Calliste, Jr., Esq., of Counsel, Hempstead, NY, for Plaintiffs.

Law Offices of Gregory S. Lisi, P.C. by: Gregory Scot Lisi, Esq., of Counsel, Rockville Center, NY, for all Defendants except John Beyer.

Gabor & Gabor, Esqs. by: David George Gabor, Esq., Hope Senzer Gabor, Esq., of Counsel, Garden City, NY, for Defendant John Beyer.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this civil rights case, the plaintiffs allege that the defendants created a hostile work environment in the plaintiffs' workplace, and then retaliated against the plaintiffs for formally complaining about the presence of the hostile work environment. All of the defendants have now moved for summary judgment dismissing all of the plaintiffs' causes of action. For the reasons that follow, the Court...

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