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HINES v. WESTCHESTER COUNTY

2019-11492. Index No. 66897/16.

207 A.D.3d 621 (2022)

170 N.Y.S.3d 483

2022 NY Slip Op 04623

Raynard Hines, Appellant, v. Westchester County et al., Respondents.

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

Decided July 20, 2022.

Attorney(s) appearing for the Case

Michael H. Joseph, White Plains, NY, for appellant.

John M. Nonna, County Attorney, White Plains, NY (David H. Chen of counsel), for respondents.

Barros, J.P., Iannacci, Chambers and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for battery, allegedly committed by a corrections officer during a pat-down search conducted while the plaintiff was an inmate in the Westchester County Penitentiary. After discovery, the plaintiff moved for summary judgment on the issue of liability, and the defendants cross-moved for summary judgment dismissing the complaint...

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