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GARDENIER v. TOWN OF COLONIE

19 A.D.2d 572 (1963)

William J. Gardenier, Respondent, v. Town of Colonie et al., Appellants

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

May 8, 1963

The jury could properly find that plaintiff, after being arrested and arraigned upon a charge of operating a motor vehicle while in an intoxicated condition, was severely beaten, without provocation or justification, by both of the defendant police officers; that the assault commenced when Officer Salkis, with his fist, struck plaintiff in the mouth, causing an extensive laceration of the lip (as revealed by a photograph in evidence...

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