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Zanfardino v. City of New York

Rights Claims Dismissed in Case Arising From Death After Epileptic Seizure Auto Collision

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MEMORANDUM OPINION AND ORDER

*1 On July 11, 2012, Plaintiff Vincent Zanfardino suffered an epileptic seizure while driving on the New England Thruway in Bronx County. His vehicle collided with a vehicle driven by Brynn Rohlf, and the collision caused the death of Alfred Reitano, a back-seat passenger in Ms. Rohlf’s car. Plaintiff was subsequently indicted by a Bronx County grand jury for second-degree manslaughter. On November 25, 2014, following a criminal trial, Plaintiff was acquitted of all charges against him.Plaintiff has now sued the City of New York, former Assistant District Attorney Allyson Meierhans, and former New York Police Department (“NYPD”) Detective William Wilson, pursuant to 42 U.S.C. §1983. Defendants have filed a motion to dismiss the third amended complaint (“TAC”) under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, the motion is granted.I. BACKGROUND1The Court assumes familiarity with the facts underlying this case, which were fully set forth in Zanfardino v. City of New York, 230 F. Supp. 3d 325 (S.D.N.Y. 2017) (“Zanfardino I”), and are referred to herein only as necessary.

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