SHUFELT v. CITY OF NEW YORK


80 A.D.2d 554 (1981)

Nadine Shufelt, as Administratrix of The Estate of John W. Shufelt, Deceased, Appellant, v. City of New York, Respondent

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

February 2, 1981


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The parties were in agreement that a police officer, in defendant's employ, fired the shots which proved fatal to plaintiff's decedent. The question to be decided was whether the homicide was justified. Reversible error was committed when statements of defendant's employees which were for the most part self-serving and consistent with their testimony were read to the jury in their...

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