BETANCUR v. CITY OF NEW YORK


11 A.D.3d 266 (2004)

782 N.Y.S.2d 446

CLAUDIA BETANCUR et al., Respondents-Appellants, et al., Plaintiffs, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

October 12, 2004.


Accepting plaintiffs' claim that the police steered them into the "staging area" of the demonstration, it was only when plaintiffs left the staging area and waded into the mob to rescue a beleaguered coworker or each other, either at the direction of their EMS superiors or on their own initiative, that they were attacked. No plaintiff claims to have received any instructions from any police officer to head into the heart of the demonstration, or any assurance of protection...

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