SMITH v. CITY OF NEW YORK

8694, 306697/14.

170 A.D.3d 499 (2019)

94 N.Y.S.3d 290

2019 NY Slip Op 01828

Joseph Smith, Appellant, v. City of New York et al., Respondents.

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

Decided March 14, 2019.


The complaint, as amplified by plaintiff's opposition papers, alleges that, on February 13, 2013, plaintiff and a friend, both black men, were driving in a luxury sports car in the Bronx. They were not driving recklessly or violating any traffic laws. Nevertheless, they were pulled over by the police, and five or six officers, including the individual defendants, removed them from the car and searched them and the car. The police found marijuana in the friend's pocket, but...

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