MURPHY v. COUNTY OF SUFFOLK

2015-03712, Index No. 38407/08.

149 A.D.3d 854 (2017)

2017 NY Slip Op 02802

49 N.Y.S.3d 907

MARY THERESA MURPHY, Appellant, v. COUNTY OF SUFFOLK et al., Respondents. (And a Third-Party Action.)

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

Decided April 12, 2017.


Ordered that the order is affirmed, with costs.

On May 11, 2008, members of the Suffolk County Police Department were called to assist emergency medical services personnel at the home of the third-party defendant, Joseph Lepore. When the officers arrived, Lepore was agitated and belligerent, refused to comply with one officer's commands, approached that officer with a raised fist, and backed him into a corner. The officer then discharged Mace into Lepore's face, after...

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