Order reversed, on the law, with costs, motion granted, and complaint dismissed.
On March 4, 1981, at approximately 4:30 A.M., plaintiff Jose Vasquez was attacked by two men at the Van Sicklen Avenue subway station in Brooklyn. In a report given to police officers who responded to the scene, he claimed he was leaving the station when he was robbed, and then thrown down the stairs by his attackers.
The plaintiffs served a summons and complaint on the defendant...
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