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HERNDON v. CITY OF ITHACA

43 A.D.2d 634 (1973)

Kenneth R. Herndon, as Infant, by Mildred Herndon, His Mother and Natural Guardian, Appellant, v. City of Ithaca, Respondent

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

November 15, 1973

This is a negligence action for personal injuries sustained by Kenneth Ray Herndon when he was shot on May 26, 1966 by Charles Dolloway, a police officer employed by respondent. On May 26, 1966, Officer Dolloway was on duty in the vicinity of West Seneca Street, Ithaca, New York, at approximately 1:00 A.M. Earlier that night Herndon, who was 18 years of age and at the time was absent without leave from the United States Navy, had attempted to visit his estranged wife at her...

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