York v. State

Judgment unanimously modified on the facts by increasing claimant’s damages for pain and suffering to the sum of $100,000 with appropriate interest, and as modified affirmed without costs. Memorandum: The court awarded claimant the sum of $28,500 as damages for pain and suffering on his causes of action for negligent use of excessive force and assault and granted the State partial summary judgment dismissing his cause of action for malicious prosecution. Claimant, then 60 years of age, was assaulted by the State Police following a traffic stop. Claimant suffered an injury to the rotator cuff…