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ELLISON v. TOWN OF HEMPSTEAD

305 A.D.2d 536 (2003)

759 N.Y.S.2d 353

THOMAS ELLISON, Appellant, v. TOWN OF HEMPSTEAD et al., Respondents.

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

Decided May 19, 2003.

Ordered that the judgment is affirmed, with one bill of costs.

Contrary to the plaintiff's contention, the trial court properly gave a charge on the element of initiation (see generally Rohman v New York City Tr. Auth., 295 A.D.2d 333 [2002]; Dudick v Gulyas, 277 A.D.2d 686 [2000]; Dempsey v Masto, 83 A.D.2d 725, 726 [1981], affd...

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