MINDICH DEVELOPERS, INC. v. HUNZIKER

No. 84 Civ. 5380 (CLB).

622 F.Supp. 1513 (1985)

MINDICH DEVELOPERS, INC., Plaintiff, v. Frederick J. HUNZIKER, Jr., Salvatore L. Caraccio, John L. Alfano, Patricia T. Levine, Patrick M. LoRusso, Myron Weinberg and the City of Rye, Defendants.

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

December 2, 1985.


Attorney(s) appearing for the Case

Wayne Rubin, Rende Ryan & Downes, White Plains, N.Y., for plaintiff.

Audrey Rogers, Siff & Newman, P.C., New York City, for defendants.


MEMORANDUM AND ORDER

BRIEANT, District Judge.

In this civil rights action brought pursuant to 42 U.S.C. § 1983, plaintiff moves for partial summary judgment on the issue of liability only, against defendants, governing officials of the City of Rye, and the City itself. The motion is based on the theory that the plaintiffs are collaterally estopped as a matter of law by a judgment, described below, of the Supreme Court of the State of New York between...

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