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JOHNSON v. CITY OF NEW YORK

65 A.D.3d 476 (2009)

884 N.Y.S.2d 44

TAMMY D. JOHNSON et al., Respondents, v. CITY OF NEW YORK et al., Appellants. (And Another Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided August 18, 2009.

This negligence action arises from an exchange of gunfire involving police officers and an armed robbery suspect on a residential street in Manhattan. The officers had followed two men who were armed robbery suspects, from 125th Street, along Lenox Avenue, and then onto 126th Street in the direction of Fifth Avenue. All of the officers involved testified that as they entered 126th Street they did not see any bystanders. On 126th Street they exited their police car, and ordered...

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