Maginniss v. City of New York

Order, Supreme Court, New York County (Salvador Collazo, J.), entered on or about May 24, 1994, which denied plaintiff’s motion for partial summary judgment, denied defendant Rafferty’s cross motion for summary judgment and, sua sponte, granted summary judgment to the City, unanimously affirmed, without costs.

Rafferty, a probationary police officer, had ended his shift and gone home to clean his revolver. While he was cleaning the gun, two friends arrived and they each had a beer. Rafferty left the cleaned and loaded gun on the coffee table in the living room in the vicinity of his friends…