Judgment reversed, on the law and in the interest of justice, without costs or disbursements, and the action is remitted to Trial Term for a new trial in accordance herewith.
This action arises out of the alleged assault and negligent handling of the plaintiff on March 15, 1972 by members of the Suffolk County Police Department at the Fifth Precinct at Patchogue, New York, to which the plaintiff was taken and held under arrest on a charge of driving a motor vehicle...
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