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RODRIGUEZ v. CITY OF NEW YORK

189 A.D.2d 166 (1993)

Mariano Rodriguez et al., Respondents, v. City of New York, Appellant

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

March 25, 1993

Attorney(s) appearing for the Case

Anthony M. Dillof of counsel (Stephen J. McGrath with him on the brief; O. Peter Sherwood, Corporation Counsel of New York City, attorney), for appellant.

Gerald E. Singleton of counsel (Frankfurt, Garbus, Klein & Selz, P. C., attorneys), for respondents.

CARRO, J. P., WALLACH and KASSAL, JJ., concur.

ASCH, J.

On March 4, 1984, plaintiff Mariano Rodriguez was an innocent passerby during a shootout between the police and one Ramon Flores. The incident began when a group pursued Mr. Flores south on Jerome Avenue, throwing bottles and garbage cans at him. A crowd was attracted by the commotion and at some point Flores drew a gun and began firing at his assailants. One of these individuals, Lazar Arioza, was...

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