Kelly v. City of New York

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J), dated August 5, 2003, which granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The decedent Stephen Kelly, Sr., was shot and killed by the *464defendant Radames Ortiz, an off-duty police officer employed by the defendant City of New York, after an altercation arising from a traffic dispute. Ortiz was subsequently convicted of…