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CARLOS PACHECO, plfres, v. THE CITY OF NEW YORK defap, P.O. LOPEZ, ETC. def

9273-9274. CARLOS PACHECO, plfres, v. THE CITY OF NEW YORK defap, P.O. LOPEZ, ETC. def — Michael A. Cardozo, Corporation Counsel, New York (Ellen Ravitch of counsel), for ap — Burns & Harris, New York (Christopher J. Donadio of counsel), for res — Judgment, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered April 8, 2011, upon a jury verdict, awarding plaintiff the principal amount of $2,042,499, unanimously reversed, on the law, without costs, and the complaint dismissed. Appeal from order, same court and Justice, entered June 11, 2012, which denied defendants-appellants' motion to set aside the verdict, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. The Clerk is directed to enter judgment dismissing the complaint.

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9273-9274. CARLOS PACHECO, plfres, v. THE CITY OF NEW YORK defap, P.O. LOPEZ, ETC. def — Michael A. Cardozo, Corporation Counsel, New York (Ellen Ravitch of counsel), for ap — Burns & Harris, New York (Christopher J. Donadio of counsel), for res — Judgment, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered April 8, 2011, upon a jury verdict, awarding plaintiff the principal amount of $2,042,499, unanimously reversed, on the law, without costs, and the complaint dismissed. Appeal from order, same court and Justice, entered June 11, 2012, which denied defendants-appellants’ motion to set aside the verdict, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. The Clerk is directed to enter judgment dismissing the complaint.

In this action, plaintiff sought damages for injuries he allegedly suffered when a police sergeant used a Taser “stun gun” to subdue him so that he could be transported by ambulance to a hospital. Plaintiff claims, inter alia, that the use of the Taser constituted an assault and amounted to excessive force in violation of his rights under 42 USC §1983.

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