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BRISBANE v. CITY OF NEW YORK

6 A.D.2d 882 (1958)

Edward Brisbane et al., Appellants, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 14, 1958

Judgment reversed and a new trial granted, with costs to abide the event. It was error to dismiss the complaint.

In our opinion the evidence was sufficient prima facie to permit an inference by the jury that the assaulters were police officers and that at the time of the assault they were acting within the scope of their employment (Osipoff v. City of New York, 286 N.Y. 422). As there is to be a new trial, it should...

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