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CLAUDIO v. HELLER

119 Misc.2d 432 (1983)

Angel Claudio, Plaintiff, v. Mark Heller, Defendant.

Supreme Court, Special Term, Queens County.

May 20, 1983

Attorney(s) appearing for the Case

Wilson, Elser, Edelman & Dicker (Joseph P. Gunset of counsel), for defendant. Albert A. Gaudelli for plaintiff.

ALBERT H. BUSCHMANN, J.

The defendant has moved to dismiss the complaint for failure to state a cause of action. The plaintiff has cross-moved for summary judgment.

On May 15, 1980, Angel Claudio, then 16, murdered Steven Zweikert, who was returning home from his high school prom. Acting on an anonymous tip, the police questioned, but did not arrest, Claudio. After consulting with defendant Heller, who is a lawyer, Claudio confessed to an Assistant...

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