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CANNON v. NEW YORK CITY POLICE DEPT.

9291, 107033/05.

104 A.D.3d 454 (2013)

960 N.Y.S.2d 308

2013 NY Slip Op 1487

JAMES CANNON, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

March 12, 2013.

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered November 22, 2011, which, inter alia, granted defendants' cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied, without prejudice to renewal after discovery.

It was premature to consider defendants' cross motion for summary judgment before plaintiff deposed First Deputy Commissioner Raphael Pineiro and the NYPD representative...

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