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SMALL v. CITY OF NEW YORK

Nos. 02 CV 3163(NG)(JMA), 02 CV 3147(NG)(JMA).

274 F.Supp.2d 271 (2003)

Marietta SMALL, Public Administrator of Kings County, as Administrator of the Estate of Andy M. Herrera, et al., Plaintiffs, v. CITY OF NEW YORK, et al., Defendants. Maria Pena, Individually, and as the Administrator of the Estate of Dilcia Pena, Plaintiffs, v. CITY OF NEW YORK, et al., Defendants.

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

July 30, 2003.

Attorney(s) appearing for the Case

Derek Sells, Cochran Firm, Alan M. Shapey, New York City, for Plaintiffs.

George L. Repetti, Willistown, NY, Howard Finkelstein, New Rochelle, NY, Alan H. Scheiner, Mark P. Goodwin, Gregory M. Longworth, New York City, Edward Friedman, Brooklyn, NY, Peter Blessinger, New York City, for Defendants.

OPINION AND ORDER

GERSHON, District Judge.

On August 4, 2001, defendant New York City Police Officer Joseph Gray, driving while intoxicated following a twelve hour drinking spree with several fellow officers both on and off 72nd Precinct property, struck and killed Maria DelCarmen Herrera, her son Andy M. Herrera, and her sister Dilcia Pena. Ms. Herrera was eight and one half months pregnant at the time of the accident. Her son, Ricardo Nicanol Herrera...

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