In a personal injury action, plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered November 20, 1979, upon a jury verdict, in favor of the defendants. Judgment reversed, on the law, and new trial granted, with costs to abide the event. This is an action to recover compensatory damages for the personal injuries suffered by plaintiff Stephen Blaize (Blaize) and for the loss of services sustained by the injured plaintiffs wife, Carmen Blaize, as a result of the alleged negligence of the defendants, the City of New York and Joseph Montano. The causes of action arose when Stephen Blaize was shot by defendant Joseph Montano, a New York City police officer. It is undisputed that on the evening of December 17, 1974, Stephen Blaize emerged from a Brooklyn apartment building which he owned, and was confronted by an angry group of people, including some recently evicted tenants. Blaize fired his licensed pistol. Within a few seconds, Montano, having recently arrived at the scene, fired his gun, wounding Blaize in his thigh. Both Blaize and Montano testified at trial, presenting sharply different versions of the incident. Blaize stated that as he walked out of the building he saw a man coming toward him with a [80 A.D.2d 594 Page 595]
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