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Hallman v. City of New York

39 N.Y.2d 819 Court N.Y. Decision date 1976-05-06 English

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p. 819
Pearl Hallman, as Administratrix of the Estate of Margaret Hallman, Deceased, Respondent, v City of New York, Appellant.
Submitted March 26, 1976;
decided May 6, 1976
p. 820
W. Bernard Richland, Corporation Counsel (Michael Ambrosio and L. Kevin Sheridan of counsel), for appellant.
Herman Schmertz for respondent.

Memorandum. There should be an affirmance of the judgment. The quality and quantity of the proof showing that the police officer fired the fatal shot precluded the dismissal of the complaint for failure to prove a prima facie case.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Judgment affirmed, with costs, in a memorandum.