Werber v. City of New York

— Judgment, Supreme Court, New York Couilty (Conway, J.), entered December 1, 1980, dismissing plaintiff’s personal injury action after a jury trial, reversed, on the law, without costs, and the matter remanded for a new trial. Plaintiff, owner of a cash checking establishment, was the victim of an attempted robbery by two assailants. Carrying a revolver, for which he had a permit, plaintiff resisted the robbery and fired his gun, wounding one of the robbers. The defendant Robles, an off-duty police officer, casually dressed in civilian clothes, responded to the area on hearing the shot. He…