Opinion
05-02-2017
Mario ABREU, Plaintiff–Appellant, v. NEW YORK CITY POLICE DEPARTMENT, et al., Defendants–Respondents.
Bleakley Platt & Schmidt, White Plains (Vincent Crowe of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondentS.
Bleakley Platt & Schmidt, White Plains (Vincent Crowe of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondentS.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about September 3, 2015, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the cause of action under 42 U.S.C. § 1983 as against the individual defendants, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff alleges that members of the New York City Police Department knocked down the door of his apartment, upon information and belief, without a warrant, struck him repeatedly, causing him injuries, and wrongfully arrested him, and that each of the individually named defendants was acting under color of law. These allegations state a cause of action under 42 U.S.C. § 1983 (see Delgado v. City of New York, 86 A.D.3d 502, 511, 928 N.Y.S.2d 487 [1st Dept.2011] ).ACOSTA, J.P., MAZZARELLI, MANZANET–DANIELS, WEBBER, JJ., concur.