Campos v. City of New York

OPINION OF THE COURT

Michael D. Stallman, J.

These motions raise an unusual question: Does respondeat *625superior liability attach to the out-of-jurisdiction acts of an off-duty police officer?

Defendant Cobeo, an off-duty New York City detective, shot plaintiff Campos in a street encounter in Yonkers on the evening of March 29, 1995. Campos sues Cobeo in tort and sues the City of New York alleging vicarious responsibility.

Campos claims that he had been walking alone, carrying a wood-handled folding knife and a plastic-handled razorblade box cutter. Mistaking Cobeo for “Sach,” who Campos claims…