Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendants Tyrone McNeill, the Orangetown Police Department, and the Town of Orangetown which was for summary judgment dismissing the cause of action to recover damages for the use of excessive force insofar as asserted against them and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar...
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