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ESTATE OF ESTEVEZ v. CITY OF NEW YORK

Nos. 5834, 8112/03, 5834A.

88 A.D.3d 603 (2011)

931 N.Y.S.2d 303

2011 NY Slip Op 7507

ESTATE OF EDIS ESTEVEZ, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 25, 2011.

There is no evidence in the record that defendant police officers, responding to a call to assist "an emotionally disturbed person," used excessive force in restraining and handcuffing the decedent, whom they found extremely agitated and holding a large piece of broken ceramic vase in his hand (see Koeiman v City of New York, 36 A.D.3d 451 [2007], lv denied 8 N.Y.3d 814 [2007])....

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