RALPH S. COMBS, APPELLANT-res, v. CITY OF NEW YORK RESPONDENTSap

RALPH S. COMBS, APPELLANT-res, v. CITY OF NEW YORK RESPONDENTSap — (INDEX NO. 500037/06)In an action, inter alia, to recover damages for false arrest, use of excessive force, and civil rights violations pursuant to 42 USC §1983, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Landicino, J.), dated April 4, 2013, as denied that branch of his motion which was for summary judgment on the issue of liability on the cause of action alleging false arrest, and granted that branch of the defendants' cross motion which was for summary judgment dismissing the cause of action alleging civil rights violations pursuant to 42 USC §1983, and the defendants cross-appeal, as limited by their brief, from so much of the same order as denied those branches of their cross motion which were for summary judgment dismissing the causes of action alleging false arrest and use of excessive force.

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RALPH S. COMBS, APPELLANT-res, v. CITY OF NEW YORK RESPONDENTSap — (INDEX NO. 500037/06)In an action, inter alia, to recover damages for false arrest, use of excessive force, and civil rights violations pursuant to 42 USC §1983, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Landicino, J.), dated April 4, 2013, as denied that branch of his motion which was for summary judgment on the issue of liability on the cause of action alleging false arrest, and granted that branch of the defendants’ cross motion which was for summary judgment dismissing the cause of action alleging civil rights violations pursuant to 42 USC §1983, and the defendants cross-appeal, as limited by their brief, from so much of the same order as denied those branches of their cross motion which were for summary judgment dismissing the causes of action alleging false arrest and use of excessive force.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants’ cross motion which was for summary judgment dismissing the cause of action alleging civil rights violations pursuant to 42 USC §1983 insofar as asserted against the defendant Detective Robert Johnson, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

RALPH S. COMBS, APPELLANT-res, v. CITY OF NEW YORK RESPONDENTSap

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