Ordered that the order is affirmed, with costs.
The plaintiff Varghese Varghese (hereinafter the plaintiff) was shot during an attempted robbery at a grocery store owned by the defendant Faqir Singh. The plaintiff, who was the only customer in the store when the robbery began, initially refused the robbers' demand for his gold bracelet and then yelled for help when another customer entered the store. As the robbers fled, one of them fired his gun, wounding the plaintiff...
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