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SCHANBARGER v. KELLOGG

43 A.D.2d 362 (1974)

Donald Schanbarger, Appellant-Respondent, v. Robert Kellogg, Respondent-Appellant, et al., Defendant

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

January 31, 1974.

Attorney(s) appearing for the Case

Donald Schanbarger, appellant-respondent in person.

Louis J. Lefkowitz, Attorney-General (Peter Joseph Dooley and Ruth Kessler Toch of counsel), for respondent-appellant.

HERLIHY, P. J., STALEY, JR., SWEENEY and MAIN, JJ., concur.

GREENBLOTT, J.

These are cross appeals from a judgment of the Supreme Court, entered January 15, 1973 in Rensselaer County, upon a decision of the court at a Trial Term, without a jury, in favor of plaintiff.

State Troopers Kellogg and Cooper were on routine patrol in Rensselaer County during the early morning hours of April 30, 1968. At about 3:00 A.M., they first observed the plaintiff walking along...

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