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DUTTON v. CITY OF OLEAN

60 A.D.2d 335 (1978)

Wayne L. Dutton, Respondent, v. City of Olean, Appellant

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

January 13, 1978

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Jerome D. Schad of counsel), for appellant.

Joseph C. Dwyer, P. C., for respondent.

CARDAMONE, J. P., SIMONS, DILLON and WITMER, JJ., concur.

DENMAN, J.

This case arises out of a tragic incident in the City of Olean on December 30, 1974, in which Anthony Barbaro, an honor student and expert marksman, entered the Olean High School, killed the janitor, mounted to the tower and began shooting at passersby. He killed 2 more people and wounded 11 others. One of the wounded was plaintiff Wayne Dutton. Dutton instituted an action against the City of Olean...

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