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NEUMAN v. ECHEVARRIA

2017-00662, Index No. 703432/16.

171 A.D.3d 767 (2019)

97 N.Y.S.3d 203

2019 NY Slip Op 02530

Marvin Neuman, Respondent, v. David Echevarria, Defendant, and Richard Capuano, Appellant.

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

Decided April 3, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff encountered a tow truck that was in the process of towing his vehicle for scofflaw violations. The defendant Richard Capuano (hereinafter the defendant), a New York City Marshal, and three other individuals from a private tow company were overseeing the towing process. The plaintiff alleged that two of the three individuals who were with the defendant assaulted him and then left...

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