WASHINGTON-HERRERA v. TOWN OF GREENBURGH

2011-10202.

101 A.D.3d 986 (2012)

956 N.Y.S.2d 487

2012 NY Slip Op 8720

ALEXANDER WASHINGTON-HERRERA, Respondent, v. TOWN OF GREENBURGH et al., Defendants, and EDWARD OLSON, Appellant.

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

December 19, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Town of Greenburgh Sgt. Edward Olson for summary judgment dismissing the complaint insofar as asserted against him is granted.

On September 13, 2008, the plaintiff was arrested in his home pursuant to an arrest warrant on charges that he committed criminal mischief in the second degree, a class D felony (see Penal Law § 145.10). The accusatory...

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