Bein v. City of New York

MANSFIELD, District Judge.

After listening to extended argument and giving careful consideration to the briefs and authorities that have been submitted by the parties, all of which have been reviewed by the Court, the Court is prepared at this time to rule on the defendants’ motions to dismiss.

Ordinarily, where there are issues of fact to be decided, the Court leaves these for decision by the jury. In this case, however, after carefully reviewing the notes of the trial and having portions of the transcript read back by the court reporter in the robing room, the Court has reached the conclusion…