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KATZ v. LERNER

No. 87 CV 3235.

713 F.Supp. 568 (1989)

Harry Theodore KATZ and all Others Similarly Situated, Plaintiffs, v. Alfred LERNER, Individually and in his Official Capacity, Defendant.

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

June 7, 1989.

Attorney(s) appearing for the Case

Harry Theodore Katz, Rockaway Beach, N.Y., pro se.

Robert Abrams, Atty. Gen., New York City for defendant by Lisa M. Evans, Asst. Atty. Gen.

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Defendant brings this motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendant also raises the doctrine of judicial immunity as grounds for dismissal as defendant is a justice on the Supreme Court, State of New York, Queens County. Mr. Justice Lerner also serves as an administrative judge pursuant to Judiciary Law § 212(1)(d) (McKinney's 1989). Plaintiff alleges defendant...

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