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KOEIMAN v. CITY OF NEW YORK

36 A.D.3d 451 (2007)

829 N.Y.S.2d 24

ALTAGRACIA KOEIMAN, as Administratrix of the Estate of LUIS JIMINEZ, Deceased, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided January 9, 2007.

On the evening of October 17, 1992, plaintiff's decedent entered the 44th Precinct station house in the Bronx. Police Officer Mondello approached the decedent, who was under the influence of alcohol, and asked whether he could assist him. The decedent, without provocation or warning, punched Officer Mondello in the face. Officer Mondello took a step back before attempting to restrain the decedent by grabbing his shoulders. Another...

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