Order unanimously modified on the law and as modified affirmed with costs to plaintiff and matter remitted to Supreme Court, Erie County, for a new trial on the issue of punitive damages only.
Memorandum:
Plaintiff appeals from an order in which the trial court, sua sponte, set aside a jury verdict in plaintiff's favor and ordered a new trial. Plaintiff sued the City of Buffalo, its police department and five police officers for injuries he received...
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