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SUMMERVILLE v. LIPSIG

270 A.D.2d 213 (2000)

704 N.Y.S.2d 598

JAMES SUMMERVILLE, Appellant, v. MILDRED S. LIPSIG et al., Respondents.

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

Decided March 30, 2000.

Plaintiff, an innocent bystander to a bank robbery, was shot by an off-duty police officer, in violation of established police guidelines governing the use of deadly force (Summerville v City of New York, 257 A.D.2d 566, lv denied 94 N.Y.2d 755). He retained defendant law firm, which filed a suit on his behalf against the City but not against the officer. After the law firm was relieved as counsel, new counsel tried the case...

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