Opinion
Argued November 19, 1999
December 20, 1999
In an action to recover damages for wrongful death, etc., the defendants appeal from a judgment of the Supreme Court, Kings County (Steinhardt, J.), entered September 2, 1998, which, upon a jury verdict, is in favor of the plaintiffs and against them in the principal sum of $17,956,500.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Barry P. Schwartz, Janet L. Zaleon, and Christian Siragusa of counsel), for appellants.
Kramer, Dillof, Tessel, Duffy Moore, New York, N.Y. (Thomas A. Moore, Matthew Gaier, and Norman Bard of counsel), for respondents.
WILLIAM C. THOMPSON, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER and ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, with costs, and the complaint is dismissed.
In Galapo v. City of New York ( 219 A.D.2d 581 ), this court held that an alleged violation of the New York City Police Department Patrol Guide (hereinafter Patrol Guide) provision relating to the use of firearms could serve as a predicate for a cause of action pursuant to General Municipal Law § 205-e. The decisions of the Court of Appeals in Gonzalez v. Iocovello ( 93 N.Y.2d 539 ), Desmond v. City of New York ( 88 N.Y.2d 455 ), and St. Jacques v. City of New York ( 88 N.Y.2d 920 ), effectively overruled this court's decision in Galapo v. City of New York (supra). Accordingly, since the only basis for the jury's finding of liability against the appellants was such a violation of the Patrol Guide, the judgment must be reversed and the complaint dismissed.
THOMPSON, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.