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MACKEY v. PROPERTY CLERK OF N.Y. CITY POLICE DEPT.

No. 97 Civ. 5336(HB).

26 F.Supp.2d 585 (1998)

Andrew S. MACKEY, Plaintiff, v. PROPERTY CLERK OF THE NEW YORK CITY, POLICE DEPARTMENT, Individually, New York City Police Department, Howard Safir, Commissioner, New York City Police Department, Individually, William Bratton, Police Officer Thomas Rafferty, Defendants.

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

May 27, 1998.

Attorney(s) appearing for the Case

Bradley M. Zelenitz, Zelenitz & Pickney, Hempstead, NY, for Andrew S. Mackey.

Andrew A. Jones, Jeffrey D. Friedlander, Acting Corporation Counsel, New York, NY, Property Clerk of the New York City Police Dept., New York City Police Department, Howard Safir, William Bratton, Thomas Rafferty.

OPINION AND ORDER

BAER, District Judge.

Defendants move pursuant to Fed.R.Civ.P. 12(c) ("Rule 12(c)") for judgment on the pleadings. For the foregoing reasons, the motion is GRANTED in part and DENIED in part.

A. Background

In the early morning hours of July 22, 1994 Andrew Mackey, driving a 1990 Lexus, parked at 31st Street and Lexington Avenue to use a pay phone. Compl. ¶¶ 11-12. While the plaintiff used the phone, two...

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