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SPENCER v. CITY OF BUFFALO

431 CA 18-01779.

172 A.D.3d 1916 (2019)

99 N.Y.S.3d 843

2019 NY Slip Op 03506

Rickey D. Spencer, Respondent, v. City of Buffalo et al., Appellants.

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

Decided May 3, 2019.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover damages based on alleged violations of his constitutional rights and personal injuries sustained when two police officers, including defendant Corey Krug, used excessive force against him. Defendants contend that Supreme Court erred in granting plaintiff's motion pursuant to CPLR 3124 for an order compelling Krug...

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