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MUNOZ v. CITY OF NEW YORK

18 N.Y.2d 6 (1966)

Anna Munoz et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Bernard Meyerson for appellants.

J. Lee Rankin, Corporation Counsel (Bernard Burstein and Seymour B. Quel of counsel), for respondents.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and KEATING concur with Judge BERGAN; Judge SCILEPPI dissents and votes to affirm.

BERGAN, J.

Plaintiff Anna Munoz was arrested August 21, 1959 by defendant Daniel Linton, a police patrolman of the City of New York, on a charge of assault in the second degree. The Magistrate at the preliminary hearing reduced the charge to assault, third degree; and the defendant was acquitted after a trial at Special Sessions.

In this action by Mrs. Munoz and her husband against the arresting patrolman...

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