Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants' motion which were for summary judgment dismissing the first and second causes of action, and substituting therefor a provision denying those branches of the defendants' motion; as so modified, the order is affirmed, with costs to the plaintiff.
The plaintiff was arrested in Bayside, Queens on September 18, 2001, after he purchased a small amount...
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