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Galapo v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 349 (N.Y. App. Div. 1999)

Opinion

Argued November 19, 1999

December 20, 1999

In an action to recover damages for wrongful death, etc., the defendants appeal from a judgment of the Supreme Court, Kings County (Steinhardt, J.), entered September 2, 1998, which, upon a jury verdict, is in favor of the plaintiffs and against them in the principal sum of $17,956,500.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Barry P. Schwartz, Janet L. Zaleon, and Christian Siragusa of counsel), for appellants.

Kramer, Dillof, Tessel, Duffy Moore, New York, N.Y. (Thomas A. Moore, Matthew Gaier, and Norman Bard of counsel), for respondents.

WILLIAM C. THOMPSON, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER and ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

In Galapo v. City of New York ( 219 A.D.2d 581 ), this court held that an alleged violation of the New York City Police Department Patrol Guide (hereinafter Patrol Guide) provision relating to the use of firearms could serve as a predicate for a cause of action pursuant to General Municipal Law § 205-e. The decisions of the Court of Appeals in Gonzalez v. Iocovello ( 93 N.Y.2d 539 ), Desmond v. City of New York ( 88 N.Y.2d 455 ), and St. Jacques v. City of New York ( 88 N.Y.2d 920 ), effectively overruled this court's decision in Galapo v. City of New York (supra). Accordingly, since the only basis for the jury's finding of liability against the appellants was such a violation of the Patrol Guide, the judgment must be reversed and the complaint dismissed.

THOMPSON, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.


Summaries of

Galapo v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 349 (N.Y. App. Div. 1999)
Case details for

Galapo v. City of New York

Case Details

Full title:HELEN L. GALAPO, etc., et al., respondents, v. CITY OF NEW YORK, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 20, 1999

Citations

267 A.D.2d 349 (N.Y. App. Div. 1999)
699 N.Y.S.2d 924

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