Legal Opinion
Trott v. Merit Department Store
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1985PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
Asch, J.
It is essentially undisputed that on December 14, 1976, at approximately 9:00 p.m., defendant Bashor, a security guard employed by defendant Merit, observed plaintiff stealing property from a woman in the shopping mall. He chased the plaintiff, shouted warnings, fired once up in the air, shouted another warning and then discharged his shotgun to the ground, hitting *159plaintiff in the back. Plaintiff has allegedly been rendered a paraplegic as a result of the injuries he sustained.
Plaintiff commenced this action against Bashor and Merit by service of a summons on or…
2Cases cited3 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Masters v. BeckerAppellate Division of the Supreme Court of the State of New York · 1964
- Goldberg v. Sitomer, Sitomer & PorgesAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by47 opinions
- Schmidt v. BishopDistrict Court, S.D. New York · 1991
- Tom U.U. Okure v. Javan Owens and Daniel G. LessardCourt of Appeals for the Second Circuit · 1987
- Mazzaferro v. Albany Motel Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Hughes Electronics Corp. v. Citibank DelawareCalifornia Court of Appeal · 2004
- Gallagher v. Directors Guild of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
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