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EVERETT v. EASTCHESTER POLICE DEPT.

2013-09725, Index No. 27659/10.

127 A.D.3d 1131 (2015)

8 N.Y.S.3d 360

2015 NY Slip Op 03496

GAIL M. EVERETT, Individually and as Proposed Administratrix of the Estate of ANDRE LASALLE EVERETT, Deceased, et al., Respondents, v. EASTCHESTER POLICE DEPARTMENT et al., Appellants, et al., Defendant.

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

Decided April 29, 2015.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the cross motion of the defendants Eastchester Police Department and Town of Eastchester which were pursuant to CPLR 3211 (a) (7) to dismiss the first, fifth, and eighth causes of action insofar as asserted against them for failure to state a cause of action are granted.

The defendant James Pileggi, Jr., was a police officer employed by the defendants Eastchester...

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