Smullen v. City of New York

—Judgment of the Supreme Court, Bronx County (Bernard Burstein, J., as to liability; Alan Saks, J., as to damages), entered July 21, 1993, which, after a bifurcated jury trial, found the City of New York 40% liable, and, pursuant to stipulation, reduced the total award from $4,590,557.66 to $2,490,557.66, unanimously reversed, without costs, on the law and the facts, to the extent herein appealed, and the complaint dismissed as to the municipal defendants.

Plaintiff John Smullen, an officer in the New York City Police Department, was on midnight traffic duty outside Yankee Stadium after a…