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KELLY v. CITY OF YONKERS

2019-05440. Index No. 68582/16.

208 A.D.3d 1319 (2022)

176 N.Y.S.3d 67

2022 NY Slip Op 05314

Justo Kelly, Respondent, v. City of Yonkers et al., Appellants, et al., Defendants.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne, NY ( Hillary R. Raimondi and J. Patrick Carley III of counsel), for appellants.

The Cochran Firm and aul B. Weitz & Associates, P.C. (Pollack, Pollack, Isaac & DeCicco, New York, NY [ Brian J. Isaac and Jillian Rosen ], of counsel), for respondent.

Duffy, J.P., Barros, Rivera and Miller, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants Rocco Merrante and Joseph DiBennedetto (hereinafter together the defendant police officers), who were police officers employed by the defendant City of Yonkers Police Department, responded to a radio dispatch informing them that the occupants of a van, who were between the ages of 14 and 17 years old, were attempting to break into a parking meter. When the defendant police officers...

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