Davis v. City of New York

Judgment, Supreme Court, Bronx County (David Levy, J.), entered January 27, 1995, which, after a jury trial, awarded plaintiff the principal sum of $1,200,000, unanimously reversed, on the law and the facts, without costs, and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiff relies on the doctrine of respondeat superior as the basis of his recovery against the defendant-appellant municipality. The rule is well settled that when a plaintiff invokes the *272doctrine of respondeat superior, the plaintiff has the burden of…