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QUEZADA v. CITY OF NEW YORK

291 A.D.2d 240 (2002)

737 N.Y.S.2d 84

NICHOLAS QUEZADA, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided February 7, 2002.

Plaintiff alleges that he was assaulted by one of eight traffic enforcement agents who approached him and apparently mistook him for an irate driver who had accosted one of the agents. A prior order conditionally struck defendant's answer unless it produced for deposition the one agent whose incident report defendant did not produce. The instant motion for summary judgment, made upon defendant's failure to produce such agent for...

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