LUGO v. CITY OF NEW YORK


80 A.D.2d 819 (1981)

Mercedes Lugo, as Administratrix of The Estate of Sergio Lugo, Deceased, et al., Respondents, v. City of New York et al., Appellants

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

March 31, 1981


On July 31, 1971, a grocery store located at 2081 Amsterdam Avenue, New York City, was robbed at gunpoint by two men. When the robbers left they were pursued by Sergio Lugo, the store owner, and his brother Tomas, a part-time employee. Albert Robertson, an off-duty policeman then in a nearby bar was attracted by the tumult and shots fired by the robbers. He exited the bar and, mistaking Sergio and Tomas for the robbers, shot both of them. Tomas was dead by the time he arrived...

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