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BERLINER v. THOMPSON

166 A.D.2d 78 (1991)

569 N.Y.S.2d 777

Gerald B. Berliner, as Executor of Tina M. Berliner, Deceased, Appellant, v. Britt Thompson et al., Appellants, and Town of Colonie Police Department et al., Respondents

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

May 2, 1991

Attorney(s) appearing for the Case

Powers & Santola (Michael J. Hutter of counsel), for Gerald B. Berliner, appellant.

Maynard, O'Connor & Smith (Christine Kirwin Krackeler of counsel), for respondents.

MAHONEY, P. J., WEISS, MIKOLL and HARVEY, JJ., concur.

CREW III, J.

Decedent and Robert Berliner were married in 1982 and separated in 1985. After their separation, decedent resided in Saratoga County with plaintiff and his wife who were decedent's in-laws. On September 30, 1985 and again a week later, Berliner assaulted decedent, as the result of which she was issued an order of protection from Saratoga County Family Court on October 11, 1985. On October 14, 1985...

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