On November 26, 1945, the respondent served upon the defendant city a notice of claim predicated upon the wrongful death of the intestate resulting from an alleged assault committed upon him on the 27th day of September, 1945, by the coappellants who are police officers of the city. On the 26th day of September, 1946, respondent commenced an action against the appellants by the service of a summons without a complaint. On October 5, 1946, the corporation counsel of the city...
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