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BARNES v. CITY OF NEW YORK

44 A.D.3d 39 (2007)

840 N.Y.S.2d 582

DARRYL BARNES, Respondent-Appellant, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

July 26, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for appellants-respondents.

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac and Robert M. Simels of counsel), for respondent-appellant.

MAZZARELLI, J.P., ANDRIAS, WILLIAMS and McGUIRE, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This case, involving a claim of excessive force by a police officer in a shooting that left plaintiff paralyzed, presents a clash of dramatic, diametrically opposed accounts of the incident. The appeal follows a verdict in plaintiff's favor against the City and the police officer.

An earlier verdict in plaintiff's favor was reversed by this Court (296 A.D.2d 330) because of the...

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