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POLAK v. SCHENECTADY

181 A.D.2d 233 (1992)

In the Matter of Joseph Polak, Appellant, v. City of Schenectady, Respondent

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

July 9, 1992

Attorney(s) appearing for the Case

Grasso & Grasso (Jonathan B. Summers of counsel), for appellant.

Michael R. Cuevas, Corporation Counsel (L. John Van Norden of counsel), for respondent.

WEISS, P. J., LEVINE, MAHONEY and CASEY, JJ., concur.

MERCURE, J.

Based upon an incident that occurred in late September or early October 1989, when petitioner and Thomas Couture were employed by respondent as police officers, Couture commenced an action against petitioner. The complaint asserts, inter alia, causes of action for assault and intentional infliction of mental distress and alleges that petitioner, "without just cause or provocation assaulted...

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