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ZELLNER v. SUMMERLIN

No. 02 CV 95(SLT).

399 F.Supp.2d 154 (2005)

John Robert ZELLNER, Plaintiff, v. Trooper Robert G. SUMMERLIN and Major Weber, Defendants.

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

September 6, 2005.

Attorney(s) appearing for the Case

Frederick K. Brewington, Law Offices of Frederick K. Brewington, Hempstead, NY, for Plaintiff.

Anne C. Leahey, Office of Eliot Spitzer, Hauppauge, NY, for Defendants.

MEMORANDUM & ORDER

TOWNES, District Judge.

Defendants move for judgment as a matter of law pursuant to Rule 50(b) and Plaintiff moves for a new trial pursuant to Rule 49. Based on the written submissions of the parties and for the reasons set forth below, Defendants' motion is GRANTED and Plaintiffs motion is DENIED.

BACKGROUND

Robert Zellner ("Plaintiff") brought this action against...

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