Varghese v. Singh

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated June 19, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff Varghese Varghese (hereinafter the plaintiff) was shot during an attempted robbery at a grocery store owned by the defendant Faqir Singh. The plaintiff, who was the only customer in the store when the robbery began, initially refused the robbers’ demand for his gold bracelet and then…