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HOLT v. CITY OF TROY

78 Misc.2d 9 (1974)

Timothy Holt et al., Plaintiffs, v. City of Troy et al., Defendants.

Supreme Court, Special Term, Rensselaer County.

May 1, 1974

Attorney(s) appearing for the Case

William R. Jubic, Corporation Counsel (Donald J. Shanley of counsel), for City of Troy, defendant. E. Stewart Jones and E. Stewart Jones, Jr., for plaintiffs.

HAROLD J. HUGHES, J.

This is a motion by defendants to dismiss the third cause of action in the complaint on the ground that the court lacks jurisdiction of the subject matter of the action and upon the further ground that it fails to state a cause of action.

On January 10, 1972, while the plaintiff Timothy Holt was at the central police station in the City of Troy, he was allegedly shot in the leg by...

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