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MOHAMED v. CITY OF NEW ROCHELLE POLICE DEPARTMENT

290 A.D.2d 425 (2002)

736 N.Y.S.2d 244

ABDALLAH MOHAMED, Respondent, v. CITY OF NEW ROCHELLE POLICE DEPARTMENT et al., Appellants.

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

Decided January 14, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Contrary to the conclusion of the Supreme Court, the defendants' motion for summary judgment was timely (see, Negron v Helmsley Spear, Inc., 280 A.D.2d 305; Alexander v City of New York, 277 A.D.2d 334). The plaintiff concedes that he cannot establish liability under...

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