Murphy v. Arrington
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal *866from an order of the Supreme Court (Ceresia, Jr., J.), entered May 31, 2001 in Albany County, which, inter alia, denied plaintiffs’ cross motion for summary judgment and dismissed the complaint.
Plaintiff William P. Murphy, Jr. (hereinafter plaintiff), a police officer, injured his right shoulder on October 26, 1998 while attempting to arrest defendant Jamal Arrington (hereinafter defendant), who was behind the wheel of a sports utility vehicle stopped at an intersection in the City of Albany. When defendant refused plaintiff’s instruction to turn off the engine, plaintiff reached…
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