It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the third, fourth and fifth causes of action insofar as those causes of action are based on the alleged use of excessive force and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking damages for the wrongful death of decedent, Terry Mason, who was shot and...
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