Order unanimously reversed on the law with costs, motion granted and complaint dismissed.
Memorandum:
Between 4:30 and 5:00 A.M. on September 28, 1988, J. William Dyer (plaintiff) was robbed at gunpoint by an unknown assailant while using an automated teller machine (ATM) owned and operated by defendant. After plaintiff had turned over $200 to the assailant, the assailant fled on foot and plaintiff gave chase. During the chase, plaintiff was shot in the leg...
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