The following excerpt is from Makinen v. City of N.Y., No. 16-1080-cv(XAP), No. 16-973-cv(L) (2nd Cir. 2018):
plaintiffs' claims. We assume the parties' familiarity with the facts and record of the prior proceedings, as set forth in our prior decision in Makinen v. City of New York, 857 F.3d 491 (2d Cir. 2017), to which we refer only as necessary to explain our decision to affirm in part and reverse in part.
1. Defendants' Appeal
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