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GOMEZ v. CITY OF NEW YORK

215 A.D.2d 353 (1995)

625 N.Y.S.2d 646

Gerard Gomez, Appellant, v. City of New York et al., Respondents

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

May 1, 1995

Ordered that the judgment is reversed, on the law, and a new trial is granted, in accordance herewith, with costs to abide the event.

The plaintiff commenced suit against the City of New York, the New York City Police Department, and Police Officers Raymond Martinez and Michael Paul, alleging that he was "pistol whipped" by Officer Martinez when Officer Martinez and Officer Paul entered his apartment in hot pursuit of a fleeing suspect. At trial, the plaintiff testified...

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