Alvarez v. Beltran

Judgment, Supreme Court, Bronx County (Norma Ruiz, J), entered March 7, 2013, after a jury trial, finding defendant Shila Lynn Rosario 60% liable and defendant the City of New York 40% liable, and awarding plaintiff damages, unanimously reversed, on the law and the facts, without costs, the judgment vacated, the complaint dismissed as against the City, and the matter remanded for a new trial on liability.

On January 23, 2009, a sergeant responded to a radio call regarding a disorderly group on Melrose Avenue, in the Bronx, in front of a barber shop owned by plaintiff. The testimony, as…