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CANCEL v. CITY OF NEW YORK

158 Misc.2d 1044 (1993)

607 N.Y.S.2d 211

Hector L. Cancel, Appellant, v. City of New York, Defendant and Third-Party Plaintiff. Federated Department Stores-Abraham & Straus, Third-Party Defendant-Respondent. David M. Lee, Nonparty Appellant.

Supreme Court, Appellate Term, Second Department.

November 9, 1993

Attorney(s) appearing for the Case

David M. Lee, New York City, appellant pro se, and Clifford S. Nelson for appellant. Hinckley & Silbert, P. C., New York City (Laura M. Mattera of counsel), for third-party defendant-respondent.

KASSOFF, P. J., SCHOLNICK and CHETTA, JJ., concur.

MEMORANDUM.

Judgment and order unanimously reversed with $10 costs and sanction vacated.

Plaintiff retained his attorney to commence an action against the City of New York for alleged police brutality surrounding his arrest. It was alleged in the complaint that the actions of the police resulted in the removal of plaintiff's spleen. The City of New York impleaded the third-party defendant, Federated Department...

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