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ZITO v. CITY OF NEW YORK

49 A.D.3d 872 (2008)

857 N.Y.S.2d 575

MICHAEL ZITO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 25, 2008.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial, with costs to abide the event.

In June 1998 the then-infant plaintiff Michael Zito (hereinafter the plaintiff) sustained injuries when he was shot by the defendant Hubert Desmangles, an off-duty New York City Corrections Officer. The plaintiff commenced this lawsuit against Desmangles and the...

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