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GRIESHABER v. CITY OF ALBANY

279 A.D.2d 232 (2001)

720 N.Y.S.2d 214

BRUCE GRIESHABER, as Administrator of the Estate of JENNA G. HONIS, Deceased, Respondent, v. CITY OF ALBANY, Appellant.

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

January 25, 2001.

Attorney(s) appearing for the Case

Brennan, Rehfuss & Liguori, P. C., Albany (Stacey A. Hamilton of counsel), for appellant.

Michael J. Hutter, Albany, for respondent.

CREW III, MUGGLIN, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

MERCURE, J. P.

This action arises out of the tragic death of Jenna Grieshaber Honis (hereinafter decedent), who was murdered in her basement apartment in the City of Albany on the evening of November 6, 1997. The theory of the complaint is that defendant was negligent in its response to an emergency 911 telephone call that decedent made at 6:47 P.M. on that day. Although police officers arrived at decedent's apartment building

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