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BROUGHTON v. CITY OF NEW YORK

95 Misc.2d 807 (1978)

Marshall Broughton, Respondent, v. City of New York et al., Defendants; District Attorney of the County of New York, Appellant.

Supreme Court, Appellate Term, First Department.

May 25, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Kevin J. McKay and Samuel A. Hirshowitz of counsel), for appellant. Bobick, Deutsch & Schlesser (Steven H. Rochkind of counsel), for respondent.

Concur: TIERNEY, J. P., RICCOBONO and ASCH, JJ.

Per Curiam.

Order entered April 5, 1978 (DEMBITZ, J.) affirmed, without costs.

Appeal from the order entered September 27, 1977 (DEMBITZ, J.) is dismissed as academic.

The two affidavits submitted by plaintiff's counsel constitute essentially hearsay evidence, inasmuch as plaintiff's counsel lacks personal knowledge of what actually took place in Florida when plaintiff was apprehended. In the context...

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