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FERNANDEZ v. DeLENO

No. 96 Civ. 5476(BDP).

71 F.Supp.2d 224 (1999)

Dawn FERNANDEZ, Plaintiff, v. John DeLENO and Gary Lucchese, individually and in their official capacity as police officers of the New Rochelle Police Department, New Rochelle Police Department, and the City of New Rochelle, a municipal corporation, Defendants. Gary Lucchese and John DeLeno, Third-Party Plaintiffs, v. Patrick J. Carroll, individually, Dominic Capio, individually, Rhoda Quash, individually, Tim Idoni, individually and Robert DeLeno, individually, Third-Party Defendants.

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

May 25, 1999.

Attorney(s) appearing for the Case

Michael A. Hardy, Scheurer, Wiggin & Hardy, New York City, for plaintiff.

Richard C. Oleson, O'Connor, McGuinness, Conte, Doyle, Oleson & Collins, White Plains, NY, Jonathan Lovett, Lovett & Gould, White Plains, NY, for defendants John Deleno, Gary Lucchese.

Robert David Goodstein, Goodstein & West, New Rochelle, NY, for defendants New Rochelle Police Department, The City of New Rochelle, Patrick J. Carroll, Dominic Capio, Rhoda Quash, Tim Idoni and Robert Deleno.

MEMORANDUM AND ORDER

BARRINGTON D. PARKER, JR., District Judge.

Cross-claim defendant the City of New Rochelle (the "City") and third-party defendants Patrick Carroll, Dominic Capio, Rhoda Quash, Tim Idoni, and Robert DeLeno (the "individual defendants") move for summary judgment pursuant to Fed. R.Civ.P. Rule 56 against third-party plaintiffs Gary Lucchese and John DeLeno.

The third-party plaintiffs' sole claim against the individual defendants...

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