On March 28, 1999, at about 4:00 in the afternoon, immediately after two men, one waving a gun and screaming, "Don't move. Don't move, or I'll kill someone if you move," came into defendant's bank branch, located at 940 Madison Avenue (74th Street) in New York, plaintiff Jose Aponte, standing at the teller window attempting to cash his paycheck, was shot from behind by the gunman. The robbers fled with over $12,000. The robbery occurred on a Thursday, the day of the week...
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