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MERCURIO v. CITY OF NEW YORK

No. 80 C 2500.

592 F.Supp. 1243 (1984)

Guy MERCURIO, Plaintiff, v. The CITY OF NEW YORK, Robert Mahoney, Albert Cronk, Robert Simile, James Bergen, Martin McGorty, "John" Lowery, (said first name being fictitious), "John" Carty (said first name being fictitious) and "John Doe" (said name being fictitious), Defendants.

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

September 6, 1984.

Attorney(s) appearing for the Case

Frederick A.O. Schwarz, Jr., Corp. Counsel of City of N.Y., New York City (Albert Fredericks, New York City, of counsel), for defendant City of New York.

Peter C. Wilson, New York City, for defendant James Berger.

Joseph Fallek, Brooklyn, N.Y., for defendant Frank Carty.

Richard Hartman, Little Neck, N.Y. (Paul S. Brenner, Little Neck, N.Y., of counsel), for defendant Albert Cronk.

Lysaght, Lysaght & Kramer, Mineola, N.Y. (James J. Lysaght, Mineola, N.Y., of counsel), for defendant Robert Mahoney.

Agulnick & Gogel, New York City (Barry W. Agulnick, New York City, of counsel), for defendant Martin McGorty.

Rappaport & Frost, New York City (Gary L. Berenholtz, New York City, of counsel), for defendant Robert Simile.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

This case is before the court on motions by the individual defendants for reimbursement from defendant the City of New York (the City) of their costs, including attorneys' fees, in the defense of the action.

Plaintiff claimed, pursuant to 42 U.S.C. § 1983 and New York common law, that while he was incarcerated at the City Police Department's Queens Central Booking facility on March 17, 1980 defendants...

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