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CATTAN v. CITY OF NEW YORK

No. 80 Civ. 3630 (CBM).

523 F.Supp. 598 (1981)

Vitalis G. CATTAN, Plaintiff, v. CITY OF NEW YORK, a municipal corporation; The Police Department of the City of New York; Patrol Officer G. R. Colberg, Shield No. 27997, Tax. Reg. No. 859095, individually and as a police officer in the Police Department of the City of New York, Defendants.

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

February 20, 1981.

Attorney(s) appearing for the Case

Bloom & Mintz, New York City, for plaintiff.

Allen G. Schwartz, Corp. Counsel, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

MOTLEY, District Judge.

Defendants City of New York and The New York Police Department (referred to as "the City") have moved for summary judgment in their favor pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons given below, the motion is granted.

Facts

On August 8, 1979, plaintiff attended a New York Philharmonic concert in Central...

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