Order reversed, on the law and the facts, without costs or disbursements, and defendant New York City Transit Authority's motion to vacate its default denied.
On July 29, 1980 plaintiff was shot by a transit police officer, who was also shot, in a gun battle. Plaintiff was indicted for the attempted murder of the officer, but, after a jury trial, was acquitted of all charges. Despite the fact that plaintiff was hospitalized until October, 1980, he was well enough...
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