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NIEVES v. TRANSIT AUTH.

91 Misc.2d 214 (1977)

Benjamin Nieves et al., Plaintiffs, v. New York City Transit Authority et al., Defendants.

Supreme Court, New York County.

June 24, 1977

Attorney(s) appearing for the Case

Alphonse E. D'Ambrose and David Henry Sculnick for defendants. Edelman & Jennings (Mark F. Fisherman of counsel), for plaintiffs.

HARRY T. NUSBAUM, J.

Defendants, New York City Transit Authority, Gaspare Volpe and Allan Nelson, move for summary judgment dismissing the action brought against them by the plaintiffs, Benjamin Nieves and Samuel Nieves, on the ground of res judicata.

This action arose from an incident which occurred on December 30, 1973, when the plaintiffs allegedly were assaulted, falsely imprisoned and falsely...

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