Cancel v. City of New York

OPINION OF THE COURT

Memorandum.

Judgment and order unanimously reversed with $10 costs and sanction vacated.

Plaintiff retained his attorney to commence an action against the City of New York for alleged police brutality surrounding his arrest. It was alleged in the complaint that the actions of the police resulted in the removal of plaintiff’s spleen. The City of New York impleaded the third-party defendant, Federated Department Stores-Abraham & Straus. The case was marked off the calendar to permit the third-party defendant to conduct its discovery. Plaintiff’s attorney moved to restore the…