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PHILLIPS v. STATE OF NEW YORK

30 Misc.2d 912 (1961)

Leonard T. Phillips, Claimant, v. State of New York, Defendant. (Claim No. 36045.)

Court of Claims.

December 9, 1961

Attorney(s) appearing for the Case

Sullivan & Sullivan (Robert Sullivan of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Edward A. Rath of counsel), for defendant.

FRED A. YOUNG, J.

The claimant sues the State of New York alleging an assault on him by a State trooper. His claim is thoroughly discredited by the preponderance of the credible evidence.

On September 6, 1958, Frederick G. Gregory of the New York State police saw a crowd gathered around a fight outside a tavern in Dunkirk. He stopped his car and got out to investigate. The crowd, seeing his approach...

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