COLENA v. CITY OF NEW YORK


68 A.D.2d 898 (1979)

Kevin Colena, Respondent, v. City of New York, Appellant, et al., Defendant

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

March 12, 1979


Order reversed, on the law, without costs or disbursements, the plaintiff's motion is denied and the City of New York's cross motion is granted.

Plaintiff was allegedly assaulted on October 24, 1970 by an off-duty New York City policeman, defendant Morris A. Maduro, in the course of a private altercation. Based on statements made by Maduro to the police who arrived at the scene, plaintiff was arrested and not released until the following day. The criminal proceeding...

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