Order unanimously reversed, without costs, motion granted, and complaint dismissed as against defendant Village of Mohawk.
Memorandum:
In this action wherein plaintiff alleges an assault perpetrated on him by a third person in plain view of a police officer of defendant village, Special Term erred in failing to grant defendant's motion to dismiss the complaint for failure to state a cause of action (CPLR 3211, subd [a], par 7). A municipality may not be held...
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