SEYMOUR, JR. v. GATEWAY PRODUCTIONS, INC.


295 A.D.2d 278 (2002)

744 N.Y.S.2d 398

HARRY SEYMOUR, JR., Appellant, v. GATEWAY PRODUCTIONS, INC., et al., Defendants, and CITY OF NEW YORK et al., Respondents.

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

Decided June 27, 2002.


Plaintiff's testimony at a hearing, held pursuant to General Municipal Law § 50-h, established that defendant, an off-duty correction officer, was acting purely out of personal motives when he punched plaintiff in the face without provocation while inside a café, and then followed when plaintiff was taken outside by a bouncer. Once outside, the officer repeatedly pushed plaintiff, briefly displayed his shield, and told plaintiff he was under arrest, at which point...

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