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BERLINER v. THOMPSON

149 A.D.2d 887 (1989)

Gerald B. Berliner, as Executor of Tina M. Berliner, Deceased, Respondent, v. Britt Thompson et al., Appellants, et al., Defendants

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

April 27, 1989

Yesawich, Jr., J.

The facts most favorable to plaintiff support the following scenario. On September 30, 1985, Robert Berliner (hereinafter Berliner) assaulted his estranged wife, Tina M. Berliner, plaintiff's decedent; on October 8, 1985, he assaulted her again and two days later he threatened to kill her. During this period of time, decedent and her daughter were living with Berliner's parents, plaintiff and Carol Berliner at their Saratoga County residence...

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