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HIGGINS v. CITY OF NEW YORK

1000N, 301345/13.

144 A.D.3d 511 (2016)

2016 NY Slip Op 07748

43 N.Y.S.3d 1

BRYAN HIGGINS et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 17, 2016.

On September 4, 2010, Officers Manuel Barreto, Christopher Crocitto, and Matthew Palmerini of the New York City Police Department stopped a vehicle occupied by plaintiffs Bryan Higgins, Michael Vaughn, and Joseph Tarrant, based on a traffic violation. According to the subsequent criminal complaint signed by Officer Barreto, the officers observed an open container of alcohol inside the vehicle and asked plaintiffs to exit. Upon plaintiffs' exit, the officers observed a small...

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