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BLACK v. CITY OF SCHENECTADY

21 A.D.3d 661 (2005)

800 N.Y.S.2d 240

PAMELA BLACK, as Administrator of the Estate of NERRAW BLACK, Deceased, et al., Appellants, v. CITY OF SCHENECTADY et al., Respondents.

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

August 11, 2005.

PETERS, J.

In November 1997, two police officers responded to a report that an undesirable person was refusing to leave a residence in the City of Schenectady, Schenectady County. Upon their arrival, the officers spoke with Lisa Branch who identified the undesirable person as her boyfriend "Rah" (hereinafter decedent). When the officers witnessed decedent verbally threaten Branch, they placed him under arrest. Both in the residence and on route to the police department...

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