Opinion
03-26-2015
Lisa CLAUDIO, as Administrator of the Estate of Jayson Tirado, etc., et al., Plaintiffs–Appellants, v. Sean SAWYER, Defendant, The City of New York, Defendant–Respondent.
Queller, Fisher, Washor, Fuchs & Kool, LLP, New York (Matthew J. Maiorana of counsel), for appellants. Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent.
Queller, Fisher, Washor, Fuchs & Kool, LLP, New York (Matthew J. Maiorana of counsel), for appellants.
Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered November 1, 2013, which granted defendant City of New York's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
In this action alleging, among other things, causes of action against defendant City for negligent training and instruction arising from the shooting of decedent by defendant Sawyer, an off-duty police officer, after a “road rage” related altercation, the motion court properly found that, defendant Sawyer's act of shooting the decedent was a private, intentional act that occurred outside the scope of his employment as a police officer. Accordingly, any alleged deficiencies in the City's training and instruction of its officers could not have proximately caused decedent's injuries (see Campos v. City of New York, 32 A.D.3d 287, 291–292, 821 N.Y.S.2d 19 [1st Dept.2006], appeal denied 8 N.Y.3d 816, 839 N.Y.S.2d 454, 870 N.E.2d 695 [2007], lv. dismissed 9 N.Y.3d 953, 846 N.Y.S.2d 77, 877 N.E.2d 295 [2007] ; Cardona v. Cruz, 271 A.D.2d 221, 222, 705 N.Y.S.2d 368 [1st Dept.2000] ).
GONZALEZ, P.J., ACOSTA, MOSKOWITZ, RICHTER, FEINMAN, JJ., concur.