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McCUMMINGS v. TRANSIT AUTH.

177 A.D.2d 24 (1992)

Bernard McCummings, Respondent, v. New York City Transit Authority, Appellant

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

February 20, 1992

Attorney(s) appearing for the Case

Joel A. Brenner of counsel (Jonathan Cory Scott with him on the brief; David Breitbart, attorney), for respondent.

Lawrence Heisler of counsel (Anita Isola and Lawrence A. Silver with him on the brief; Albert C. Cosenza, attorney), for appellant.

RUBIN, J., dissents in a separate opinion.

MILONAS, J.

At approximately 8:00 P.M. on June 28, 1984, Jerome Sandusky was attacked by a number of youths in the 96th Street station of the Eighth Avenue subway line in the course of an abortive robbery attempt. Two Transit Authority police officers, Christine Mead and Manuel Rodriguez, who were on undercover patrol, heard the elderly victim's screams and came to his assistance. As the officers approached the...

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