Nieves v. New York City Transit Authority

Defendants, New York City Transit Authority, Gaspare Volpe and Allan Nelson, move for summary judgment dismissing the action brought against them by the plaintiffs, Benjamin Nieves and Samuel Nieves, on the ground of res judicata.

This action arose from an incident which occurred on December 30, 1973, when the plaintiffs allegedly were assaulted, falsely imprisoned and falsely arrested by the defendants Volpe and Nelson on the IND "E” train and in the 23rd Street IND station. The plaintiffs brought an action in the United States District Court, Southern District of New York, claiming…