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FLAMER v. CITY OF YONKERS

309 N.Y. 114 (1955)

Amanda Flamer, as Administratrix of The Estate of Thomas F. Wilson, Deceased, Appellant, v. City of Yonkers et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

David Avstreih and Howard Rukeyser for appellant.

J. Raymond Hannon, Corporation Counsel, for respondents.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

DYE, J.

This is an action for the wrongful death of plaintiff's intestate, Thomas Franklin Wilson, who was shot and killed by a member of the Yonkers police force under circumstances allegedly requiring the City of Yonkers and the two police officers involved to respond in damages.

The complaint sets forth three causes of action, the first for negligence, the second for assault and a third against the...

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