October 31, 1967
Appeal by defendant (1) from a judgment entered upon a verdict awarding damages to plaintiff for an assault committed upon him by defendant's police officers and (2) from an order of said court which denied defendant's motion to set aside said verdict. The verdict was not, as defendant contends, against the weight of the evidence. The jury was warranted in accepting plaintiff's version of the affair as against that of the police officers who participated in arresting and confining him. His version was supported by strong circumstantial evidence and by other proof, while the testimony of the police officers was weakened by contradictions and inconsistencies. Defendant contests the award for punitive damages but did not except to the charge concerning them. ( Brown v. Du Frey, 1 N.Y.2d 190, 195; Raplee v. City of Corning, 6 A.D.2d 230, 232.) Judgment and order affirmed, with costs to respondent. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gibson, P.J.