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FLYNN v. CITY OF NY

258 A.D.2d 129 (1999)

693 N.Y.S.2d 569

KEVIN FLYNN et al., Respondents, et al., Plaintiff, v. CITY OF NEW YORK, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 22, 1999.

Attorney(s) appearing for the Case

Jane L. Gordon of counsel, New York City (Barry P. Schwartz on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant.

Patrick M. Connors of counsel, Garden City (Malachy J. Duffy, P. C., and Hancock & Estabrook, L. L. P., attorneys), for Kevin Flynn, respondent.

ELLERIN, P.J., WALLACH and RUBIN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Plaintiffs-respondents, both of whom were police officers at the time, suffered line-of-duty injuries during a riot in Tompkins Square Park, in Manhattan, that erupted on May 1, 1990 in the final hours of a four-day festival and concert sponsored by the Tompkins Square Cultural Arts Committee. Although intermittently promoted by a group with a radical political bent, calling itself...

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