This is a motion by defendant Epton to dismiss the complaint for failure to state a cause of action.
Plaintiff is a Police Lieutenant in the New York City Police Department. He avers that on July 16, 1964, while off duty and in civilian clothes, at East 76th Street, in the Borough of Manhattan, City of New York, he heard a commotion on the street; that he saw the deceased with an open blade pursuing a person running into...
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