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LUERS v. CITY OF NEW YORK

2020-00916. Index No. 702331/15.

205 A.D.3d 898 (2022)

166 N.Y.S.3d 570

2022 NY Slip Op 03236

Erik Luers, Appellant, v. City of New York et al., Respondents.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Belovin Franzblau & Associates, PC, White Plains, NY ( David A. Karlin of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Jeremy W. Shweder and Jonathan A. Popolow of counsel), for respondents.

Brathwaite Nelson, J.P., Chambers, Wooten and Zayas, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants' motion which were for summary judgment dismissing the causes of action alleging false arrest, false imprisonment, and battery, and the cause of action alleging violations of 42 USC § 1983 insofar as asserted against the individual defendants, and substituting therefor a provision denying those branches...

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