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RAMOS v. CITY OF NEW YORK

61 A.D.3d 51 (2009)

872 N.Y.S.2d 128

OCTAVIO RAMOS, Respondent, v. CITY OF NEW YORK et al., Defendants, and JAKE REALTY LLC et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 5, 2009.

Attorney(s) appearing for the Case

London Fischer LLP, New York City (Michael J. Carro, James Walsh and Miriam B. Schneider of counsel), for appellants.

Beekman & Kaufman, LLP, Roslyn Heights (Jonathan D. Beekman and Stephanie J. Kaufman of counsel), for respondent.

TOM, J.P., and DEGRASSE, J., concur with ACOSTA, J.; NARDELLI and McGUIRE, JJ., dissent in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

ACOSTA, J.

This action arises out of an altercation between plaintiff Octavio Ramos, the president of the tenants' association of an apartment building in Manhattan, and defendant Victor Casanova, the superintendent of the building. Specifically, according to plaintiff, Casanova and defendant Neil Gewirtz, the managing agent for the building, contacted the police and falsely accused plaintiff of having threatened and physically struck...

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