GRANIELA v. CITY OF NEW YORK


27 Misc.2d 341 (1961)

Pedro M. Graniela, Plaintiff, v. City of New York, Defendant.

Supreme Court, Trial Term, Kings County.

January 23, 1961


Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Abraham Wunder of counsel), for defendant. G. Rosenberg, Lawrence M. Rosenberg and Robert G. Burkhardt for plaintiff.


BENJAMIN BRENNER, J.

This is a motion to set aside a verdict in favor of the defendant the City of New York, in an action for an unprovoked police clubbing of the plaintiff, then known to be suffering from a mental disturbance and for the officer's use of excessive force while attempting to subdue him.

The character and extent of permissible force to be used by policemen in subduing a known mentally...

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