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LONGIN BY LONGIN v. KELLY

No. 90 CIV 2466 (AGS).

875 F.Supp. 196 (1995)

Michael LONGIN, an infant, by his parents, Milan LONGIN and Sodina Longin, individually and in their own capacity, Plaintiffs, v. Kevin KELLY and The City of New York, Defendants.

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

January 18, 1995.

Attorney(s) appearing for the Case

Jacoby & Meyers, New York City, for plaintiffs.

Tellerman, Paticoff & Greenberg, New York City, for defendant Kevin Kelly.

Paul A. Crotty, Corp. Counsel of the City of New York, New York City, for defendant City of New York.

OPINION AND ORDER

SCHWARTZ, District Judge:

This action arises from an altercation on May 22, 1989 in which defendant Kevin Kelly, a New York City Correction Officer, shot plaintiff Michael Longin. Plaintiffs assert federal and state claims against defendant Kelly individually and the City of New York (the "City"). The City moves for summary judgment dismissing plaintiffs' federal claim, brought pursuant to 42 U.S.C. § 1983, and plaintiffs' state...

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