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CARNEY v. CITY OF UTICA

148 A.D.2d 927 (1989)

Jody E. Carney et al., Appellants, v. City of Utica et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 10, 1989

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action against the City of Utica and several of its police officers, Supreme Court granted summary judgment to all defendants dismissing plaintiff's claims for punitive damages. Relying on Myers v City of Rochester (116 Misc.2d 83), the court found that the city was the real party in interest by virtue...

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