U.S. Court of Appeals for the Second Circuit, 1988

Schiavone Construction Co. v. Merola ex rel. Estate of Merola

Schiavone Construction Co. v. Merola ex rel. Estate of Merola
U.S. Court of Appeals for the Second Circuit · Decided June 9, 1988 · Feinberg, Newman, Pratt
848 F.2d 43 (Federal Reporter, Second Series)

Counsel

Theodore W. Geiser, Roseland, N.J., for plaintiff-appellant., Alan G. Krams, New York City, Asst. Corp. Counsel (Peter L. Zimroth, Corp. Counsel, Leonard Koerner, Fay Leoussis, Asst. Corp. Counsels, of counsel), for defendants-appellees.

Schiavone Construction Co. v. Merola ex rel. Estate of Merola

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Opinion of the Court

PER CURIAM:

Plaintiff appeals from a judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, J., dismissing plaintiff’s complaint brought under 42 U.S.C. § 1983 and holding that plaintiff’s acquittal in the underlying criminal proceedings precluded recovery of the extra expenses borne by plaintiff in its efforts to neutralize defendant’s prejudicial pretrial statements. The judgment of the district court is affirmed for the reasons given by Judge Sand in his opinion reported at 678 F.Supp. 64 (S.D.N.Y. 1988).

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