Order unanimously reversed on the law without costs, motions granted and complaint dismissed.
Memorandum:
Supreme Court erred in denying defendants' motions for summary judgment dismissing the complaint. Plaintiff, a part-time patrolman employed by the Marcellus Police Department, was asked by a friend to help obtain physical custody of her daughter. Although plaintiff was not on duty during the incident, he was carrying his weapon and badge in a pack. When...
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