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BROWN v. CITY OF NEW YORK

60 N.Y.2d 897 (1983)

Donald Brown, Respondent, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Michael Gage and Leonard Koerner of counsel), for appellants.

Stephen R. Mahler and Stephen Harris for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division appealed from and the prior order of that court brought up for review should be reversed, with costs, and the May 12, 1980 order of Supreme Court, Queens County, reinstated.

It was error for the Appellate Division to have applied issue preclusion against defendant City of New York in this civil action for false arrest, false imprisonment and assault based on the dismissal...

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