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Garcia v. City of New York

Court of Appeals of the State of New York
Jun 28, 1985
482 N.E.2d 923 (N.Y. 1985)
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Summary

holding that an off-duty police officer was acting outside the scope of his employment when he deliberately shot the plaintiff

Summary of this case from Victory v. Pataki
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Opinion

Argued May 29, 1985

Decided June 28, 1985

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Anthony T. Jordan, Jr., J.

Howard S. Davis for appellant.

Frederick A.O. Schwarz, Jr., Corporation Counsel ( Edward F.X. Hart and Larry Sonnenshein of counsel), for respondent.

Order affirmed, without costs. We agree with the Appellate Division that there is no evidence "that ought reasonably to satisfy a jury that the fact[s] sought to be proved [are] established" ( Blum v Fresh Grown Preserve Corp., 292 N.Y. 241, 246).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and BOOMER. Taking no part: Judge TITONE.

Designated pursuant to N Y Constitution, article VI, § 2.

Summaries of

Garcia v. City of New York

Court of Appeals of the State of New York
Jun 28, 1985
482 N.E.2d 923 (N.Y. 1985)

holding that an off-duty police officer was acting outside the scope of his employment when he deliberately shot the plaintiff

Summary of this case from Victory v. Pataki
Case details for

Garcia v. City of New York

Case Details

Full title:MIGUEL GARCIA, Appellant, v. CITY OF NEW YORK, Respondent, et al.…

Court:Court of Appeals of the State of New York

Date published: Jun 28, 1985

Citations

482 N.E.2d 923 (N.Y. 1985)
482 N.E.2d 923
493 N.Y.S.2d 127

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