Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff encountered a tow truck that was in the process of towing his vehicle for scofflaw violations. The defendant Richard Capuano (hereinafter the defendant), a New York City Marshal, and three other individuals from a private tow company were overseeing the towing process. The plaintiff alleged that two of the three individuals who were with the defendant assaulted him and then left...
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