Legal Opinion

Desa v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1992PublishedCited by 4 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Bertram Katz, J.), rendered December 23,1991, upon a jury verdict, in favor of plaintiff against defendant, resulting in an award, as reduced by the court’s post-trial order entered June 11, 1991 and as stipulated to by plaintiff, of $2,845,000, unanimously affirmed, without costs.

Contrary to defendant’s contention, plaintiff established a *314prima facie case that the City’s off duty police officer was acting within the scope of his employment at the time of the shooting (see, Collins v City of New York, 11 Misc 2d 76, affd 8 AD2d 613, affd 7 NY2d 822). The…

2Cases cited7 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Collins v. City of New YorkNew York Supreme Court · 1958
  3. Collins v. City of New YorkNew York Court of Appeals · 1959
  4. Mashley v. KerrNew York Court of Appeals · 1979
  5. Rumph v. Gotham Ford, Inc.Appellate Division of the Supreme Court of the State of New York · 1974

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3Cited by4 opinions

  1. Ramos v. La Montana Moving & Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Roundtree v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  3. Carroll v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  4. Mikel v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1999

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