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HUI-LIN WU v. CITY OF NEW YORK

11483. 161402/14.

183 A.D.3d 411 (2020)

123 N.Y.S.3d 590

2020 NY Slip Op 02721

Hui-Lin Wu, Appellant, v. City of New York et al., Respondents.

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

Decided May 7, 2020.

Plaintiff seeks damages for personal injuries she allegedly sustained during a protest in New York City's Chinatown. The trial court should not have dismissed her battery claim as duplicative of her wrongful arrest claim before submitting the case to the jury for a finding as to the lawfulness of her arrest (see Budgar v State of New York, 98 Misc.2d 588, 592 [Ct Cl 1979]). However...

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