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FLUDD v. CITY OF NEW YORK

2017-10095. Index No. 4543/14.

199 A.D.3d 894 (2021)

158 N.Y.S.3d 257

2021 NY Slip Op 06344

Karen Fludd, Respondent, v. City of New York et al., Appellants, et al., Defendant.

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

Decided November 17, 2021.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York, NY ( Claude S. Platton and Jane L. Gordon of counsel), for appellants.

Maggiano DiGirolamo & Lizzi, P.C., New York, NY ( Michael Lizzi of counsel), for respondent.

Mastro, J.P., Austin, Duffy and Connolly, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendants City of New York, New York City Police Department, Police Officers John DeLeon, Daniel Badillo, MD Ahammed, Faisal Harun, Christopher M. Spicer, Marc P. Edelstein, Randy C. Paulsaint, and Alberto Valentin, Lieutenant Micha McKenzie, and Sergeant Samuel Negon which was pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging civil rights violations pursuant...

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