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CUSANELLI v. NEW YORK CITY TRANSIT AUTHORITY

20 A.D.3d 319 (2005)

799 N.Y.S.2d 36

THOMAS CUSANELLI et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

July 14, 2005.

We have previously determined that in a civil action for damages stemming from injuries sustained by an innocent bystander after police officers allegedly used excessive force, a plaintiff must prove the elements of negligence, rather than bearing the burden of disproving justification under Penal Law § 35.30 (1) (c) (see Lubecki v City of New York, 304 A.D.2d 224, 232-233 [2003], lv denied 2 N.Y.3d 701...

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