Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, the plaintiffs' motion is granted, the answer is stricken, and the matter is remitted to the Supreme Court, Queens County, for an inquest on the issue of damages.
The plaintiff Earl Byam was arrested and indicted for the homicide of Martin Sweeting, who was killed by gunshots on September 26, 1993. Byam eventually was acquitted of that charge. He...
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