MEMORANDUM DECISION AND ORDER
CATHY SEIBEL, District Judge.
On November 25, 2008, Magistrate Judge Lisa Margaret Smith issued a Report and Recommendation ("Report") recommending that the Court deny Defendants Sam and Diane DeLuca's motion for summary judgment and Daubert motions, and grant in part Defendants Village of Pelham Manor and John Pierpont's ("Pelham Defendants") (collectively with the DeLucas, "Defendants") motion for summary judgment....
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