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GONZALEZ v. CITY OF NEW YORK

26771/03.

2008 NY Slip Op 51688 (U)

HECTOR LOUIS GONZALEZ, Plaintiff, v. THE CITY OF NEW YORK, and Individually and in their Official Capacity as NEW YORK CITY POLICE OFFICERS ALPHONSE PASCUAL, DAVID PILNACECK, HOWARD REED, DETECTIVE BORELLI, JOHN BIENTIENDO, TERESA COHEN, RONALD TAYLOR, JOHN SWEENEY, and other JOHN DOE POLICE OFFICERS; and Individually and in their official capacity as NEW YORK CITY POLICE OFFICERS RICHARD ROES, supervisory police officers of the City of New York, the identity and number of whom are presently unknown, Defendants.

Supreme Court of the State of New York, Kings County.

Decided August 7, 2008.

Attorney(s) appearing for the Case

Cochran, Neufeld & Scheck, LLP, New York, NY, Attorney for Plaintiffs.

Cathy Neustein, Esq., Assistant Corporation Counsel, Law Department, City of New York, New York, NY.

DONALD S. KURTZ, J.

Upon the foregoing papers, defendants move for an order dismissing the complaint pursuant to CPLR 3211 (a)(7) and/or summary judgment pursuant to CPLR 3212.

Background Facts and Procedural History

The instant action arises out of the prosecution of plaintiff Hector Louis Gonzalez for the December 2, 1995 murder of Lemur "Lenny" Cruz outside the Con Sabor Night Club in Brooklyn, New York. On the evening in question, plaintiff...

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