Serrano et al v. The City of New York et al
| Steven Serrano, Michael Serrano and Samuel Garcia |
| The City of New York, Anthony DiSimone, Thomas McHale and John and/or Jane Does 1, 2, 3, etc. |
| 1:2016cv08105 |
| October 17, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Alvin K. Hellerstein |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
48
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT re: 40 MOTION for Summary Judgment . filed by The City of New York, Thomas McHale, Anthony DiSimone, U.C. 0114, U.C. 0244. For the reasons stated herein, the motion for summary judgment is granted in part and denied in part. The motion is granted as to all claims asserted by plaintiff Steven Serrano, and his complaint against defendants is dismissed. As to all claims raise d by plaintiffs Samuel Garcia and Michael Serrano, the motion is denied. Plaintiffs Samuel Garcia and Michael Serrano shall retain claims for false arrest, unreasonable search and seizure, and malicious prosecution. Michael Serrano shall also retain his state law claim for assault and battery, as well as all pendant state law claims against the City under respondeat superior. The clerk is instructed to terminate the motion (ECF 40). The oral argument, currently scheduled for July 26, 2018, is c ancelled. Plaintiffs shall amend their complaint to reflect that the claims of Steven Serrano have been dismissed, and restate, without change, the claims by Samuel Garcia and Michael Serrano. The parties shall appear for a status conference on August 17, 2018, to determine what discovery remains, and if none remains, to set a trial date. Steven Serrano terminated. (Signed by Judge Alvin K. Hellerstein on 7/11/2018) (ne)
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