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MERCURIO v. CITY OF NEW YORK

No. 732, Docket 84-7820.

758 F.2d 862 (1985)

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, The City of New York, Defendant-Appellee, Robert Mahoney, Albert Cronk, Robert Simile, James Bergen, Martin McGorty and "John" Carty (said first name being fictitious, (Frank Carty)), Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 29, 1985.

Attorney(s) appearing for the Case

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

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

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

Peter C. Wilson, New York City, for defendant-appellant James Bergen.

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

Ellen B. Fishman, New York City (Stephen J. McGrath, Frederick A.O. Schwartz, Jr., Corp. Counsel, New York City, of counsel), for defendant-appellee the City of New York.

Before LUMBARD, MANSFIELD and PIERCE, Circuit Judges.

PER CURIAM:

This appeal is from the denial of a motion by six individual defendants, all of whom are former or current members of the New York City Police Department ("NYCPD"), for reimbursement from their co-defendant, the City of New York ("City") of costs and attorneys' fees incurred by them in defending themselves in the underlying civil rights action against them and the City. The complaint, which sought relief under 42 U.S.C. § 1983 and New York common...

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