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EUELL v. INCORPORATED VILLAGE OF HEMPSTEAD

57 A.D.3d 837 (2008)

871 N.Y.S.2d 224

LAWRENCE ROBERT EUELL, Respondent, v. INCORPORATED VILLAGE OF HEMPSTEAD, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

December 23, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint is granted.

The plaintiff was exhibiting abnormal signs of behavior, including, but not limited to, hallucinations and delusions. The plaintiff's mother called the police to the plaintiff's home in Hempstead, and informed the police that the plaintiff suffered from a mental illness and that he ingested an entire bottle of pills. The police tried to restrain the plaintiff...

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