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DIAZ v. STATE OF NEW YORK

521379.

144 A.D.3d 1220 (2016)

2016 NY Slip Op 07244

41 N.Y.S.3d 166

NOEMI DIAZ, as Administrator of the Estate of FRANLLER VILLANUEVA, Deceased, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided November 3, 2016.

Franller Villanueva (hereinafter decedent) commenced this action against defendant alleging that, as is relevant here, State Trooper Michael Woytach used excessive force during a pursuit of decedent in which Woytach shot decedent three times and left him paralyzed from the neck down. The Court...

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