Quigley v. City of Auburn

—Order unanimously reversed on the law without costs, motions granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motions for summary judgment dismissing the complaint. Plaintiff, a part-time patrolman employed by the Marcellus Police Department, was asked by a friend to help obtain physical custody of her daughter. Although plaintiff was not on duty during the incident, he was carrying his weapon and badge in a pack. When he attempted to show his badge to the child’s father, who was chasing him, his gun slipped from the pack, and he grabbed the gun to…