Lubecki v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J.
In this unusual case, we affirm the judgment of the trial court except insofar as the apportionment of damages under article 16 of the CPLR is concerned. We remand for a new trial solely on the issue whether there was reckless disregard by police officers for the safety of plaintiffs decedent and that of plaintiff Ramon Vargas Santiago such as would deprive the municipal defendants of the statutory apportionment provided by CPLR article 16. This tragic incident arose out of a 1993 police action when New York City Police Department (NYPD) and Transit Authority Police…
2Cases cited19 opinions
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Tango v. TulevechNew York Court of Appeals · 1983
- Saarinen v. KerrNew York Court of Appeals · 1994
- Kenavan v. City of New YorkNew York Court of Appeals · 1987
- In re Attorneys in Violation of Judiciary Law § 468-aAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by35 opinions
- Lynch Ex Rel. Lynch v. City of Mount VernonDistrict Court, S.D. New York · 2008
- Graham v. City of New YorkDistrict Court, E.D. New York · 2013
- Sankar v. City of New YorkDistrict Court, E.D. New York · 2012
- Johnson v. City of New YorkNew York Court of Appeals · 2010
- Ferreira v. City of BinghamtonCourt of Appeals for the Second Circuit · 2020
30 more not listed; retrieve them via the Exa API.