WAWRZYNIAK v. SHERK


170 A.D.2d 972 (1991)

Carl Wawrzyniak, Respondent, v. Harvey Sherk et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 1, 1991


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiff, while acting in the course of his employment as a police officer, was injured on May 23, 1983, as he was assisting two fellow officers in effecting the arrest of defendant Ronald Sherk. Plaintiff sustained his injury when Sherk resisted arrest and when, in an attempt to extricate her son from police custody, defendant Madonna Sherk lunged toward...

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