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VALENTIN v. CANDY CORNER, FOSTER AVE. CORP.

254 A.D.2d 272 (1998)

678 N.Y.S.2d 382

Aristedes Valentin, Respondent, v. Candy Corner, Foster Avenue Corp., et al., Defendants, and New York City Transit Authority, Appellant

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

October 5, 1998

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

On October 31, 1981, the plaintiff, while in an arcade, was accidentally shot in the back by the defendant Benjamin Wilson, a New York City Transit Authority Police Officer. Wilson was off-duty and was moonlighting as a game-room attendant at the time of the incident. The altercation which led to the shooting involved an individual...

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