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FIGUEROA v. NEW YORK CITY HOUS. AUTH.

232 A.D.2d 293 (1996)

648 N.Y.S.2d 444

Hector Figueroa et al., Respondents, v. New York City Housing Authority, Appellant

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

October 24, 1996

An issue of fact exists as to whether defendant's police officer was acting within the scope of his employment when he allegedly assaulted plaintiff during a traffic dispute. Even if off-duty at the time, as defendant asserts, plaintiff asserts the officer's actions, which allegedly included his identifying himself as a police officer, displaying his badge, telling plaintiff to hand over a gun he mistakenly believed plaintiff was...

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