Plaintiff, a homeless man, testified at his deposition that he was using a pay phone in the Waldorf-Astoria Hotel in the hallway leading to the hotel bar called Sir Harry's. Noticing a woman whom he believed to be a prostitute using the phone next to him, he began to talk to her about escort services. She left, but when she returned soon thereafter, he recommenced talking to her. When she ignored him, he called out "whore" as she walked away. Shortly thereafter, a man burst...
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