Mark Moody said he was taking his usual nicotine break on the window ledge of his Peck Slip home on a hot August day with a cigarette in one hand and a cellphone in the other, a scant 12 feet off the ground. He was shocked when a police car rolled up and two cops jumped out.

“Are you about to commit suicide?” one cop asked.

“If I was going to commit suicide, this would be a pretty dumb place to do it,” the 40-year-old trial lawyer scoffed. “If I jumped from here, I’d just sprain my ankle.”
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Before he knew it, a beefy officer was inside his apartment, lifting him out of his own living-room window from behind, Moody said. The cop slammed him on the living-room floor while another kneeled on top of him and cuffed him, he claimed. […] The attorney was thrown into an ambulance and taken to Beth Israel Medical Center.

The on-duty psychiatrist apologized before quickly discharging him, Moody said. “I talked to him for three minutes, and he said, ‘Look, I’m really sorry. I apologize on behalf of the city,’ ” Moody recalled.
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Moody, who The Post found still takes his cigarette breaks sitting in his open window, sued the city and the police officers for $400,000 in damages on Dec. 8 in Manhattan federal court.