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CINTRON v. CITY OF NEW YORK

11132.

180 A.D.3d 602 (2020)

121 N.Y.S.3d 11

2020 NY Slip Op 01306

Miguel Cintron, Respondent, v. City of New York, Appellant, et al., Defendant.

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

Decided February 25, 2020.

Viewed in the light most favorable to plaintiff (see Thomas v City of New York, 173 A.D.3d 633, 635 [1st Dept 2019]), the record evidence shows that, shortly after an incident on June 3, 2007, in which George Cruz was stabbed to death, police obtained surveillance video which, while of insufficient resolution to enable identification of any of the participants, clearly depicted the fatal struggle between Cruz and an assailant who approached him from behind and began...

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