Vargas v. City of New York

OPINION OF THE COURT

James E. d’Auguste, J.

Plaintiff Walter Vargas and defendant City of New York move and cross-move, respectively, for summary judgment. For the reasons set forth herein, Vargas’ motion is denied and the City’s cross motion is granted.

Factual and Procedural Background

The undisputed facts, as relevant to this motion, are as follows: On September 21, 2010, Vargas was stopped by New York City Police Department (NYPD) Officers Brian Buith and Gur-vinde Singh (collectively, the officers) for a transit offense. The officers directly observed Vargas pass between two cars on a moving…