MALONE v. McHUGH

No. CV 91-2416 (ADS).

797 F.Supp. 154 (1991)

John P. MALONE, Plaintiff, v. Dennis McHUGH, Roger Leigh, Village of Nissequogue, Gordon T. Hall, James J. Mc Donagh, Richard H. Knight, C. Joseph Goodwin, John J. Mc Nulty, Paul C. Matthews, Robert M. Baum, Joseph L. Schroeher, Thomas J. Lynch, Does 1-12, Defendants.

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

November 2, 1991.


Attorney(s) appearing for the Case

James P. Malone, Rockville Centre, N.Y., for plaintiff.

Cahn Wishod Wishod & Lamb (Scott M. Karson, of counsel), Melville, N.Y., for defendants Village of Nissequogue, Dennis McHugh, Roger Leigh, Gordon T. Hall, James J. McDonagh, Richard H. Knight, C. Joseph Goodwin, John J. McNulty, Paul C. Matthews, Robert M. Baum, Joseph L. Schroeher and Thomas J. Lynch.


MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The remaining defendants in this action move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking to dismiss the complaint on the grounds of: (1) failure to file a notice of claim; (2) statute of limitations; (3) res judicata and collateral estoppel; (4) failure to state a cause of action; and (5) lack of a...

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