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OTERI v. VILLAGE OF PELHAM

2011-05716.

100 A.D.3d 725 (2012)

954 N.Y.S.2d 171

RITA OTERI, Appellant, v. VILLAGE OF PELHAM, Respondent, et al., Defendants.

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

November 14, 2012.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly denied the plaintiff's request for a negligence charge based on her claim that a police officer, employed by the defendant Village of Pelham, used excessive force in arresting, detaining, and transporting her. "[N]o cause of action to recover damages for negligent assault exists in New York" (Wetzberger v City of New York, 254 A.D.2d 352, 352 ...

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