Order unanimously reversed on the law and facts and motion for a new trial granted, with costs to appellant to abide the event.
Memorandum:
This was an action for an assault committed upon the appellant by the police of the City of Syracuse after his arrest. There was no force exercised by the appellant at the time of his arrest nor was he belligerent. The same day, after having been taken by prowl car and police patrol to the police station, escorted by several...
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