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Coleman v. City of New York

Supreme Court, New York

July 9, 2013

UNIQUE COLEMAN, Plaintiff,
v.
THE CITY OF NEW YORK, P.O. LYNN RUGER SHIELD # 26344, INDIVIDUALLY AND AS A POLICE OFFICER, P.O. ANDREW BURRAFATO SHIELD #21393, INDIVIDUALLY AND AS A POLICE OFFICER, AND POLICE OFFICER JOHN DOE, INDIVIDUALLY AND AS AN OFFICER, Defendants Index No. 116188/2010

Unpublished Opinion

Order filled on date: 7/17/2013

DECISION/ORDER

HON. KATHRYN E. FREED J.S.C.

RECITATION, AS REQUIRED BY CPLR§2219 (a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION.

PAPERS NUMBERED

NOTICE OF MOTION AND AFFIDAVITS ANNEXED................... ......1-2..........

ORDER TO SHOW CAUSE AND AFFIDAVITS ANNEXED............ ......................

ANSWERING AFFIDAVITS.......................................................... ...............3......

REPLYING AFFIDAVITS................................................................ .............4..........

EXHIBITS.......................................................................................... ....................

OTHER............................................................................................... ..........................

Plaintiff moves for an Order pursuant to CPLR §3124 compelling defendants to produce discovery/documents requested in her discovery demands dated October 17, 2011 and supplemental discovery demands dated June 6, 2012. Defendants the City of New York, P.O. Ruger, and P.O. Burrafato (collectively referred to as "the City"), oppose.

Factual and procedural background:

The instant action is for injuries allegedly sustained by plaintiff during a street encounter with several police officers. According to plaintiff, on January 16, 2010, at approximately 1:00 am, she was walking in the vicinity of Lexington Avenue and 118th Street in the New York, with her brother and some friends. Without any provocation or apparent reason, her brother was stopped by defendant police officers, and frisked. When plaintiff pleaded with the officers to release her brother and attempted to report the incident via cell phone, she was assaulted and battered by said officers. Plaintiff was subsequently arrested by P.O. Lynn Ruger and charged with Assault in the Third Degree, Obstruction of Governmental Administration in the Second Degree, Resisting Arrest, and Unlawful Possession of Marijuana. She was then taken to the ...


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