O'NEILL v. TOWN OF BABYLON

No. 894, Docket 92-7991.

986 F.2d 646 (1993)

James M. O'NEILL and The Store at Oak Beach, Inc., Appellees, v. TOWN OF BABYLON, Defendant, Ronald Tolkin and James Hassan, Appellants.

United States Court of Appeals, Second Circuit.

Decided February 16, 1993.


Attorney(s) appearing for the Case

Linda U. Margolin, Islandia, NY (John K. Diviney, and Bracken & Margolin, on the brief), for appellants.

Myra Rochelson, Commack, NY (Robert C. Gottlieb, on the brief), for appellees.

Before: TIMBERS, WALKER, and McLAUGHLIN, Circuit Judges.


TIMBERS, Circuit Judge:

Ronald Tolkin, a bay constable, appeals from orders entered after trial in the Eastern District of New York, Leonard D. Wexler, District Judge, denying his motions, pursuant to Fed.R.Civ.P. 50(a) & (b), for judgment as a matter of law in an action commenced under 42 U.S.C. § 1983 (1988). On appeal, Tolkin as the sole appellant contends that the court erred in denying his motions because he is entitled to qualified immunity as...

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