If plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs and disbursements. Defendant in its brief concedes "that in a proper case a jury can find an arrest was proper and that in effecting that arrest an unlawful assault was committed." The jury's determination that an assault was committed upon plaintiff when an officer who arrested her and her friends at a beach waved and pointed a loaded revolver at her was not...
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