Pungello v. City of New York

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about December 9, 2003, which granted the motion of defendant New York City Housing Authority for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

Plaintiff was shot by defendant Des Jardin. At the time, Des Jardin, although employed as a Housing Authority detective, was off duty in civilian attire, walking his dog near his home on premises not belonging to the Housing Authority, and the evidence of record establishes that the altercation arose from…