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CORCORAN v. CITY OF NEW YORK

Index No. 162529/2015. Appeal No. 11858. Case No. 2020-02072.

186 A.D.3d 1151 (2020)

131 N.Y.S.3d 12

2020 NY Slip Op 05133

George Corcoran, Appellant, v. City of New York et al., Respondents.

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

Decided September 29, 2020.

The allegations in the complaint, as amplified by the notice of claim, which must be liberally construed when determining a CPLR 3211(a)(7) motion (see Scollar v City of New York, 160 A.D.3d 140, 144 [1st Dept 2018]), sufficiently set forth a claim for assault and battery. Plaintiff alleged that he was assaulted and battered by police during his arrest and suffered injuries that required hospital treatment. Plaintiff specified the...

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