Benavides v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered December 13, 2012, which, in this action for personal injuries sustained when plaintiff was allegedly pushed off a fence by a police officer, denied plaintiffs motion for a new trial, unanimously affirmed, without costs.
Plaintiff brought this action against the City of New York claiming that, on January 21, 1997, during a chase incident to his own arrest, the police officer in pursuit of him used excessive force. The primary factual dispute at trial was whether, as plaintiff claims, he was pushed over a fence by the officer,…
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