The Appellate Division has reversed a trial court’s dismissal of a lawsuit arising out of an individual who was fatally shot while investigating a robbery. In this case, Cosme Novaly, a friend and neighbor of defendant Jean Robert Vertus, was shot in front of Vertus Financial Services by a robber leaving the premises. Vertus operated his business in Irvington which he noted that “in Irvington you have to be scared for your life.” Additionally, three-year before the shooting of Novaly, Vertus had been robbed and stabbed while walking to work.
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