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STAVITZ v. NEW YORK

98 A.D.2d 529 (1984)

Sidney Stavitz et al., Respondents, v. City of New York, Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 24, 1984

Attorney(s) appearing for the Case

Gary Sinawski of counsel (Kresky, Sinawski & Hollenberg and Arthur Gruder, attorneys), for respondents.

John B. Madden, Jr., of counsel (John W. Dean with him on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for defendant-appellant.

SILVERMAN, BLOOM, FEIN and KASSAL, JJ., concur.

ASCH, J. P.

The facts of this case, assumed most favorably to plaintiffs, are that on May 14, 1966, plaintiffs, Sidney Stavitz and his then 16-year-old son Ralph, were assaulted in their private home by their next door neighbor, off-duty Police Officer Frank Fabbri. For some time prior to this day, the relationship between the Stavitzes and the Fabbri brothers, Frank and Rudy, had been unpleasant, marked by arguments and the use of profanity. The precipitating...

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