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HARRIS v. RIVERA

No. 91 Civ. 6352 (SAS).

921 F.Supp. 1058 (1995)

John W. HARRIS, Plaintiff, v. C.O. Robert RIVERA, Salvatore Minutella and William Mays, Employees of the Department of Correction, Defendants. Salvatore MINUTELLA, Third-Party Plaintiff, v. The CITY OF NEW YORK, New York City Department of Correction, and Anthony J. Schembri, as Commissioner of New York City Department of Correction, Third-Party Defendants.

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

December 1, 1995.

Attorney(s) appearing for the Case

Pamela H. Schwager, Tellerman, Paticoff & Greenberg, New York City, for Defendants/Third-Party Plaintiffs Rivera and Minutella.

Paul Aronson, Assistant Corporation Counsel, Office of the Corporation Counsel, City of New York, New York City, for Third-Party Defendants.

Harriet B. Rosen, New York City, for Plaintiff and John W. Harris, Stormville, New York, Plaintiff Pro Se.

OPINION AND ORDER

SCHEINDLIN, District Judge:

Third-party defendants The City of New York, New York City Department of Correction, and Anthony Schembri, as Commissioner of the New York City Department of Correction, move for an order pursuant to Fed.R.Civ.P. 12(b), 12(c), 21, and 56. They seek the dismissal of third-party plaintiff Salvatore Minutella's claim for indemnification. In the alternative, they seek a severance of the indemnification claim...

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