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ZAPATA v. CITY OF NEW YORK

Docket No. 06-1059-cv.

502 F.3d 192 (2007)

Andie ZAPATA, Plaintiff-Appellant, v. The CITY OF NEW YORK and Correction Officer "John" Moran, Shield Number Unknown, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 20, 2007.

Attorney(s) appearing for the Case

Tracie A. Sundack, Tracie A. Sundack & Associates, LLC, White Plains, NY, for Plaintiff-Appellant.

Susan Paulson, Assistant Corporation Counsel (Francis F. Caputo, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, for Defendants-Appellees.

Before: JACOBS, Chief Judge, KATZMANN, and HALL, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Andie Zapata sues the City of New York and a corrections officer under 42 U.S.C. § 1983, alleging that he was assaulted at the Rikers Island correctional facility by one Officer Moran. He appeals from a judgment of the United States District Court for the Southern District of New York (Brieant, J.) insofar as it dismissed Zapata's claim against Officer Moran for failure to effect timely service under Federal Rule of Civil Procedure...

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