Lewis v. City of New York

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Flug, J.), dated May 13, 2014, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff, a New York City police officer, was shot in the torso while in the process of apprehending a suspect in Queens County. At the time of the shooting, the plaintiff was wearing a bullet-proof vest issued by the City of New York that did not cover the bullet’s entry point. It is…