Mikel v. City of Rochester

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant James Holloway, an officer with the Rochester Police Department, was executing a search warrant when he accidentally shot plaintiff. Holloway testified that he was carrying a shotgun in the “ready position” and slipped on the floor of the apartment being searched, accidentally discharging the shotgun. Plaintiff moved for summary judgment on liability and to dismiss the affirmative defense of culpable conduct; defendants cross-moved for summary judgment on the…