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ALVAREZ v. CITY OF NEW YORK

15767, 307785/08.

134 A.D.3d 599 (2015)

22 N.Y.S.3d 362

2015 NY Slip Op 09601

JOSE ALVAREZ et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 29, 2015.

Gonzalez, P.J., and Sweeny, JJ., concur in a separate memorandum by Sweeny, J., as follows:

Plaintiff Jose Alvarez alleges that, at approximately 7:30 p.m. on April 30, 2008, he was falsely arrested by members of the New York City Police Department (NYPD). In his notice of claim, filed against defendant City of New York and "the New York City Police Department" in June 2008, Alvarez alleged, inter alia, that he was the subject of "[a]ssault, battery, excessive force...

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