BERTLANEY v. STATE


23 A.D.2d 937 (1965)

Bryan Bertlaney et al., Respondents, v. State of New York, Appellant. (Claim No. 38326.)

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

May 24, 1965


AULISI, J.

There seems to us no serious or substantial dispute as to the commission of the torts alleged, which occurred as the result of a State trooper's completely unwarranted assumption that at the time of certain prior incidents involving claimant's companions, claimant had been a passenger in the car which the trooper later stopped and from which he then removed claimant. The proof of damage was not contradicted and the award was not excessive....

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