BEST v. CITY OF NEW YORK

No. 85 Civ. 4436.

654 F.Supp. 208 (1986)

Robert BEST; Diane Best; B & D Pleasures, Ltd.; the Fundgeon; and Best Flying Services, Inc., Plaintiffs, v. The CITY OF NEW YORK, the New York City Police Department, Office of Midtown Enforcement, Edward I. Koch, Police Officer Frederick J. Llorens, Police Officer Evangelos Demetriou, Police Sergeant Tremmer and "Jane Doe" and "John Doe," fictitious named parties, true names unknown, the parties intended being New York City Police Officers and others who participated in the events alleged herein, Defendants.

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

April 19, 1986.


Attorney(s) appearing for the Case

Kase & Druker, Garden City, N.Y., for plaintiffs; Paula Schwartz Frome, of counsel.

Gabriel Taussig, Virginia Waters, Lillian Krusz Welby, Ellen Henak, Asst. Corp. Counsels, for defendants.


EDWARD WEINFELD, District Judge.

Defendants move to dismiss or stay this action on the ground that the Court should decline to exercise jurisdiction and to dismiss the complaint for failure to state a claim upon which relief can be granted.

Pursuant to New York Public Health Law Article 23 and New York City Administrative Code, Chapter 16, Title C, the City of New York and the People of the State of New York ("the City") commenced an action in New York State...

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