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GREEN v. MONTGOMERY

95 N.Y.2d 693 (2001)

746 N.E.2d 1036

723 N.Y.S.2d 744

VERNON GREEN, Appellant, v. PHILLIP MONTGOMERY et al., Respondents.

Court of Appeals of the State of New York.

Decided February 13, 2001.

Attorney(s) appearing for the Case

Siben & Ferber, L. L. P., Hauppauge (Leonard G. Kapsalis of counsel), for appellant.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Robert H. Cabble of counsel), for respondents.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

After receiving a tip that stolen automobiles were being kept in the parking lot of an apartment complex in North Babylon, Suffolk County police staked out the location. Plaintiff Vernon Green, then 15 years old, arrived at the parking lot along with his brother and a few friends. Green and one of his friends got into a stolen Jeep Wrangler, with Green driving. The police ...

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