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SCOTT v. CITY OF NEW YORK

2 A.D.2d 854 (1956)

Franklin Scott, Respondent, v. City of New York, Appellant

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

October 8, 1956

Order reversed, without costs, and complaint dismissed.

This is an action for damages for personal injuries suffered as a consequence of appellant's alleged negligence. From the proof adduced, it appears that appellant's police officers were engaged in pursuit of a fleeing prisoner in the course of which there was an exchange of pistol shots, one of which lodged in the person of respondent, a pedestrian citizen, not otherwise...

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