Judgment unanimously modified on the law and as modified affirmed with costs to plaintiff Paul A. Restey and new trial granted on damages only in accordance with the following Memorandum: Paul A. Restey (plaintiff) commenced this action against defendants, Timothy Higgins, an Erie County Deputy Sheriff, and the County of Erie (County) alleging causes of action for assault and battery, negligence, false arrest, malicious prosecution and deprivation of civil rights under 42...
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