SCOTT v. DINER


307 A.D.2d 288 (2003)

762 N.Y.S.2d 497

JASON SCOTT et al., Respondents, v. NANUET DINER, Also Known as NANUET DINER CORP., Defendant, and JOHN FREDERICKS et al., Appellants.

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

Decided July 14, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the motion which was for summary judgment dismissing the plaintiff Jason Scott's federal civil rights cause of action insofar as asserted by the plaintiff Jason Scott against the appellants is granted, and the complaint is dismissed insofar as asserted against them.

In response to the appellants' showing of their prima facie entitlement to judgment...

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