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GIBBS v. CITY OF NEW YORK

No. 06-CV-5112 (ILG).

714 F.Supp.2d 419 (2010)

Barry GIBBS, Plaintiff, v. The CITY OF NEW YORK, Louis Eppolito, Sr., James Fairchild, Louis Rango, John Muldoon, Anthony Marra, Defendants.

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

May 28, 2010.

Attorney(s) appearing for the Case

Barry C. Scheck , Emma Kate Freudenberger , Nick Joel Brustin , Neufeld Scheck & Brustin, LLP, New York, NY, for Plaintiff.

Prathyusha Bandi Reddy , New York City Law Department, Seth D. Eichenholtz , Lisa Susan Rabinowitz , Corporation Counsel of the City of New York, Arthur G. Larkin , NYC Office of Corporation Counsel, Barry K. Myrvold , Brooke Allyson Birnbaum , New York City Law Department Special Federal Litigation, Christopher L. Van de Water , NYC Corporation Counsel, New York, NY, for Defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge:

Before the Court is the plaintiff's motion for partial summary judgment seeking an Order that would declare that the defendant City of New York would be answerable under the doctrine of respondeat superior should defendant Eppolito be found liable for the malicious prosecution of the plaintiff as alleged in Count X of the complaint.

The undisputed facts are taken from the statement of them...

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