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KIRKLAND v. CITY OF PEEKSKILL

No. 84 Civ. 3510(MEL).

634 F.Supp. 950 (1986)

Walter D. KIRKLAND, Commissioner of Police of the City of Peekskill, Plaintiff, v. CITY OF PEEKSKILL, George Pataki, individually, and as Class Action Representative, William F. Williams, James Madaffari, Salvatore Prezioso and Edward Creem, Defendants.

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

May 20, 1986.

Attorney(s) appearing for the Case

Jose A. Rivera, Brooklyn, N.Y., for plaintiff.

Lovett & Gould, White Plains, N.Y., for the Mun. Corporate defendants; Jonathan Lovett, of counsel.

Killarney, Fabiani & Brody, New York City, for defendant Sal J. Prezioso; John Fabiani, of counsel.

LASKER, District Judge.

Defendant Sal J. Prezioso moves for an order pursuant to Rule 12(b)(6) and Rule 56 of the Federal Rules of Civil Procedure dismissing plaintiff Walter D. Kirkland's claims. Kirkland has moved for leave to amend his complaint with respect to the defamation claims asserted against defendant Prezioso and defendant Edward Creem. Responding to Kirkland's request for leave to amend, defendants Prezioso and Creem have moved for a dismissal of plaintiff...

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