Galarza v. City of New York

Background

The court considered pretrial motions seeking rulings about evidence and arguments at trial. Each side asked the court to limit or permit particular evidence or subjects.

Plaintiff’s Motion

The court granted, without opposition, the relief requested in paragraphs 1 through 4 and 7 of Galarza’s motion.

The court denied the request in paragraph 5 as premature. The court stated that whether the jury should receive an instruction about nominal damages would be more appropriately addressed after the evidence had been presented.

The court denied the request in paragraph 6. Citing decisions from the United States Court of Appeals for the Second Circuit, the court exercised its discretion to preclude the argument at issue.

Defendants’ Motion

The court granted, without opposition, the relief requested in Points I, II, IV, VI, and VII.

The court granted Point III. Galarza could not refer to defense counsel as assistant corporation counsel or otherwise indicate that they were counsel to the City or members of the City Law Department.

The court granted Point V because Galarza said he did not intend to address training and withdrew exhibits PX 39 through PX 41.

The court denied Point VIII without prejudice to renewal at trial.

The court found Point IX moot as to exhibit PX 32. Exhibits PX 31 and PX 33 could be used for impeachment, if appropriate, but not otherwise.

Disposition

Judge Lewis A. Kaplan ordered the Clerk to terminate Docket Nos. 189 and 192, the defendants’ and plaintiff’s motions. The order addresses trial evidence and arguments; it does not resolve the merits of the underlying claims.

Classification

This is a procedural order because it resolves pretrial evidentiary motions rather than deciding the parties’ underlying legal dispute.