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BOWEN v. NASSAU COUNTY

2013-07581, Index No. 11109/12.

135 A.D.3d 800 (2016)

24 N.Y.S.3d 143

2016 NY Slip Op 00322

JAMES M. BOWEN, Appellant, v. NASSAU COUNTY et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 20, 2016.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff commenced this action against Nassau County, the Nassau County Police Department, and police officers "John Does #1, 2 and 3" to recover damages for negligence and violation of 42 USC § 1983 based on alleged tortious and unconstitutional conduct by the officers. The defendants moved pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action. The Supreme...

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