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TEPPERMAN v. TR. AUTH.

133 Misc.2d 788 (1986)

Elliot Tepperman, Plaintiff, v. New York City Transit Authority et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

October 30, 1986

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg for plaintiff. William E. Rosa for New York City Transit Authority, defendant.

NORMAN C. RYP, J.

A. ISSUE

If a "Dashing Dan" becomes a "Thrashing Man" LIRR train commuter, can the New York City Transit Police, 20 days later, arrest first — ask questions later on a fellow traveler's complaint with warrantless false arrest impunity? No way!

Whether New York City's Transit Authority Police, as a matter of law, sustains an unpleaded affirmative defense of legal justification (or labeled "reasonable grounds"...

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