Ordered that the order is affirmed, with costs.
Three police officers shot at and killed the plaintiff's decedent. The plaintiff commenced the instant action, inter alia, to recover damages for wrongful death, assault and battery, violation of 42 USC § 1983, and negligence. The plaintiff alleged that the decedent was shot several times by the police officers without reason or provocation. In support of their motion for summary judgment, the defendants submitted...
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