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MCGALE v. TRANSP. AUTH.

76 A.D.2d 38 (1980)

Ann McGale, Individually and as Administratrix of The Estate of Raymond McGale, Deceased, Respondent-Appellant, v. Metropolitan Transportation Authority et al., Appellants-Respondents, and New York City Transit Authority et al., Respondents Metropolitan Transportation Authority et al., Third-Party Plaintiffs-Appellants, v. Allied Maintenance Corporation et al., Third-Party Defendants-Respondents

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

June 24, 1980

Attorney(s) appearing for the Case

Thomas J. Sweeney, III, of counsel (John R. Hupper and Mark P. Schnapp with him on the brief; Griffin, Scully & Sanova; Paul J. Donnelly, Jr., and Cravath, Swaine & Moore, attorneys), for appellants-respondents and third-party plaintiffs-appellants.

Thomas Farber of counsel (Joseph L. Forstadt with him on the brief; Joan Kalech and Stroock & Stroock & Lavan, attorneys), for Union News Company and others, respondents.

Patricia D'Alvia of counsel (Morris, Duffy, Ivone & Jensen, attorneys), for Allied Maintenance Corporation, third-party defendant-respondent.

John A. Murray of counsel (Helen R. Cassidy, attorney), for New York City Transit Authority, respondent.

Norman E. Frowley of counsel (Fuchsberg & Fuchsberg, attorneys), for respondent-appellant.

KUPFERMAN, J. P., BIRNS, SANDLER and MARKEWICH, JJ., concur.

ROSS, J.

This is an action for damages for the wrongful death and pain and suffering of plaintiff's decedent, Raymond McGale. It is alleged that decedent was beaten and kicked by the individual defendants Romanewicz, Wilomovsky and Cook, Long Island Railway police officers, after the decedent was arrested and handcuffed for disorderly conduct. This action was also brought against the New York City Transit Authority...

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