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TOOMEY v. NEW YORK CITY TRANSIT AUTH.

6 A.D.2d 906 (1958)

Alice Toomey, as Administratrix of The Estate of Thomas P. Toomey, Deceased, Appellant, v. New York City Transit Authority, Respondent

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

July 21, 1958

Judgment reversed and a new trial granted on the third cause of action, with costs to appellant to abide the event.

In our opinion, it was error to dismiss that cause of action. Appellant's intestate was shot and killed by one of respondent's employees, and there was testimony by eyewitnesses, also respondent's employees, called by appellant, that the shooting occurred during the course of an attempt by the intestate to commit...

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