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eBook details

• Title: Leonard Shaw v. Manufacturers Hanover Trust Company Et Al.
• Author : Supreme Court of New York
• Release Date : January 28, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Judgment of the Supreme Court, New York County (Ostrau, J.), entered on January 15, 1982, which dismissed the complaint after a jury verdict on written interrogatories finding an absence of negligence attributable to any of the defendants, unanimously reversed, on the law and the facts and in the exercise of discretion, and the matter remanded for a new trial, with costs to abide the event. Plaintiff-appellant Leonard Shaw allegedly suffered permanent and debilitating spinal injuries when he was accidentally shot by defendant Donald Sommers, an off-duty New York City police officer who was working as a part-time teller in a Manufacturers Hanover branch office when an armed robbery occurred on June 12, 1978. Appellant Shaw was waiting to transact business at a tellers counter when two armed robbers entered the bank and demanded money from a bank officer seated at a desk. The officer then entered the tellers area, obtained the money, and delivered it to one of the robbers who then escaped. The other robber was standing with his gun pointed at the defendant Sommers when Sommers identified himself as a police officer, ordered the robber to drop his gun, and directed everybody else in the bank to get down on the floor. From a protected position behind a pillar, Sommers fired two shots at the remaining robber who did not return fire but merely stood there staring at Sommers. Both shots missed the robber, one narrowly missing a bank officer who was lying on the floor behind another pillar. At that point, the robber began moving toward the main entrance. On the way, he grabbed hold of Shaw, who had been crouching in the customers waiting area, and attempted to use him as a shield as he successfully completed his escape. As the bandit, with appellant in tow, approached the entryway, Sommers, from his position behind the pillar with a partially obstructed view, fired two more shots in rapid succession. The last shot fired by [95 A.D.2d 738 Page 739]

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