JOHNSON v. SUFFOLK COUNTY POLICE DEPARTMENT

Ordered that the judgment is affirmed, with costs.

The trial court properly precluded evidence concerning an alleged altercation between the plaintiff and another person which resulted in the plaintiff's arrest. The alleged altercation was not relevant on the issue of mitigation of the plaintiff's damages ( see, Kiff v. Youmans, 86 N.Y. 324; Voltz v. Blackmar, 64 N.Y. 440; Laurie Marie M. v. Jeffrey T.M., 159 A.D.2d 52, affd 77 N.Y.2d 981; Levine v. Abergel, 127 A.D.2d 822).

Ritter, J. P., Santucci, Altman and Krausman, JJ., concur.