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JOHNSON v. SUFFOLK COUNTY POLICE DEPARTMENT

260 A.D.2d 441 (1999)

686 N.Y.S.2d 726

LATONYA K. JOHNSON, Respondent, v. SUFFOLK COUNTY POLICE DEPARTMENT et al., Appellants.

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

Decided April 12, 1999.

Ordered that the judgment is affirmed, with costs.

The trial court properly precluded evidence concerning an alleged altercation between the plaintiff and another person which resulted in the plaintiff's arrest. The alleged altercation was not relevant on the issue of mitigation of the plaintiff's damages (see, Kiff v Youmans, 86 N.Y. 324; Voltz v Blackmar, 64 N.Y. 440; Laurie Marie M. v Jeffrey T.M., 159 A.D.2d 52...

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