Summary
In Kull, a police officer was preparing to go on his tour of duty. He had just finished shaving and was walking toward his kitchen carrying his revolver.
Summary of this case from Joseph v. City of BuffaloOpinion
Argued June 1, 1973
Decided June 8, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANTHONY M. LIVOTI, J.
Perry Pazer, N. George Turchin and Helen B. Stoller for appellants.
Norman Redlich, Corporation Counsel ( Leonard Koerner and Stanley Buchsbaum of counsel), for respondent.
Order reversed on the dissenting opinion at the Appellate Division and a new trial granted, with costs to abide the event.
Concur: Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER. Chief Judge FULD dissents and votes to affirm on the opinion at the Appellate Division.