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Azurdia v. City of New York

Issues Exist in Suit Over Police Killing of Dog; ACD Does Not Bar Fair Trial Denial Claim

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OPINION & ORDER Plaintiffs Diego Azurdia and Marcella Chibbaro bring this civil rights action under 42 U.S.C. §1983 and New York state common law against the City of New York, Police Officer Barty Toribio, and Police Officer Jean Germain. They assert claims of unlawful seizure, denial of right to fair trial, conversion, negligence, and a respondeat superior claim against the City for the state law claims. These claims all arise from an incident on April 23, 2017, wherein plaintiffs’ dog, Lola, was fatally shot by Officer Germain before he and Officer Toribio arrested Mr. Azurdia for allegedly refusing to pay his taxi fare. Defendants move for summary judgment and plaintiffs oppose. For the reasons set forth below, defendants’ motion is denied as to the unreasonable seizure, conversion, and fair trial claims, and denied in part and granted in part as to the negligence claim. BACKGROUND Early in the morning on April 23, 2017, Diego Azurdia took a taxi from the Bronx back to his apartment near Grand Army Plaza in Brooklyn after a night out.1 Pls.’ Resp. to Defs.’ 56.1 and Pls.’ 56.1 (“Pls.’ 56.1″)

1-2, ECF No. 76. When the taxi arrived at Mr. Azurdia’s home, Mr. Azurdia discovered he did not have his debit card to pay the fare. Id. 78. He explained the situation to the taxi driver, who agreed to hold Mr. Azurdia’s New York City identification card (“NYC ID”) as collateral while Mr. Azurdia retrieved money for the fare from his apartment upstairs. Id.

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