Rose, J.
Plaintiff William F. Murphy, Jr. (hereinafter plaintiff), a police officer, injured his right shoulder on October 26, 1998 while attempting to arrest defendant Jamal Arrington (hereinafter defendant), who was behind the wheel of a sports utility vehicle stopped at an intersection in the City of Albany. When defendant refused plaintiff's instruction to turn off the engine, plaintiff reached through an open window to retrieve the keys whereupon the vehicle...
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