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HEIMAN v. CITY OF NY

85 A.D.2d 25 (1982)

Henry Heiman et al., Appellants, v. City of New York, Respondent

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

February 11, 1982

Attorney(s) appearing for the Case

Sheldon J. Tashman for appellants.

Carolyn E. Demarest of counsel (Allen G. Schwartz, Corporation Counsel, attorney), for respondent.

BIRNS, J. P., CARRO and SILVERMAN, JJ., concur with SANDLER, J.; BLOOM, J., concurs in the result only.

SANDLER, J.

On July 20, 1978, at about 9:30 A.M., the plaintiff, Henry Heiman, 58 years old, was observed by a police officer unconscious, lying face down, and bleeding from his head and mouth, on the sidewalk at the northeast corner of Amsterdam Avenue at 105th Street. The officer called for an ambulance and the plaintiff was taken to St. Luke's Hospital. The hospital record entries describe his injuries as head trauma, loss of consciousness, ecchymosis...

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