SHIMUKONAS v. CITY OF NEW YORK

9992, 118167/09.

176 A.D.3d 435 (2019)

110 N.Y.S.3d 689

2019 NY Slip Op 07147

Anthony Shimukonas, Appellant, v. City of New York et al., Respondents.

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

Decided October 3, 2019.


Attorney(s) appearing for the Case

Jason Levine , New York, for appellant.

Zachary W. Carter , Corporation Counsel, New York ( Susan Paulson of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.


Plaintiff sustained injuries when a New York City police officer smashed him in the nose with a bullet-proof shield after entering his apartment to execute a search warrant. After a trial, the jury found that the officer violated plaintiff's rights under the Fourth Amendment to the US Constitution by using excessive force while arresting him and that the excessive force was a substantial factor in causing his injuries. However, the jury awarded plaintiff no damages for pain...

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