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WALLACE v. CITY OF ALBANY

283 A.D.2d 872 (2001)

725 N.Y.S.2d 728

JERMAINE WALLACE, Respondent, v. CITY OF ALBANY, Appellant.

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

Decided May 24, 2001.

Lahtinen, J.

In April 1998, plaintiff was operating his girlfriend's vehicle in the City of Albany when they engaged in an argument which escalated to the point where his girlfriend struck plaintiff in the head three times. Plaintiff thereafter bit her right hand and exited the vehicle. Plaintiff's girlfriend received medical treatment at the scene from emergency medical personnel and took herself to the hospital for further treatment. The police were contacted

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