DAWES v. PELLECHIA

No. 83 CV 2678.

688 F.Supp. 842 (1988)

Frances DAWES, Administratrix of the Estate of Larry Dawes, and in her own behalf, Plaintiff, v. John PELLECHIA, individually and as a police officer in and of the City of New York; Michael Dzielski, individually and as a police officer in and of the City of New York; James J. Mullan, individually and as a police officer in and of the City of New York; Neil Marchesano, individually and as a police officer in and of the City of New York; the New York City Police Department, a governmental agency; and the City of New York, a municipal entity, Defendants.

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

June 7, 1988.


Attorney(s) appearing for the Case

Harold F. Goldwasser, New York City, for plaintiff.

Norma Kerlin, Asst. Corp. Counsel (Peter L. Zimroth, Corp. Counsel of the City of New York), for defendants City of New York and New York City Police Dept.


McLAUGHLIN, District Judge.

Defendants the City of New York and the New York City Police Department move pursuant to Fed.R.Civ.P. 56 for an order granting summary judgment in their favor. For the reasons discussed below, the motion is granted.

FACTS

On March 15, 1983, plaintiff's decedent, Larry Dawes, died after a pursuit by New York City Police Officers. In her Amended Complaint, plaintiff alleges that Dawes, who was operating a moped on a sidewalk...

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