WERBER v. CITY OF NEW YORK


87 A.D.2d 768 (1982)

Jack Werber et al., Appellants, v. City of New York et al., Respondents

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

April 15, 1982


Reversed, on the law, without costs, and the matter remanded for a new trial.

Plaintiff, owner of a cash checking establishment, was the victim of an attempted robbery by two assailants. Carrying a revolver, for which he had a permit, plaintiff resisted the robbery and fired his gun, wounding one of the robbers. The defendant Robles, an off-duty police officer, casually dressed in civilian clothes, responded to the area on hearing the shot. He observed the robbers...

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