Bastian v. City of New York

Appellate Division of the Supreme Court of New York

Bastian v. City of New York

261 A.D.2d 129, 687 N.Y.S.2d 258, 1999 N.Y. App. Div. LEXIS 4651

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 1999

StatusPublished

This text of 261 A.D.2d 129 (Bastian v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bastian v. City of New York, 261 A.D.2d 129, 687 N.Y.S.2d 258, 1999 N.Y. App. Div. LEXIS 4651 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Amended judgment, Supreme Court, Bronx County (Stanley Green, J.), entered June 23, 1997, which, upon a jury verdict in plaintiffs favor and against defendant, awarded plaintiff damages structured pursuant to CPLR article 50-B, unanimously affirmed, without costs.

The evidence does not so preponderate in favor of defendant that the jury could not have reached its verdict upon any fair interpretation of the evidence (see, e.g., Edwards v Manhattan & Bronx Surface Tr. Operating Auth., 252 AD2d 410), and, accordingly, we decline to order a new trial. Contrary to defen[130]*130dant City’s argument, the doctrine of judgmental error is inapplicable to shield the City from liability for what the jury, based on the evidence before it, permissibly found to have been the intentional and unjustified use of deadly force by a police officer upon plaintiffs decedent, an unarmed civilian (see, Jones v State of New York, 33 NY2d 275). In structuring the judgment, the trial court correctly applied CPLR 5041 (see, Fisk v City of New York, 256 AD2d 167, lv denied 93 NY2d 845). We have considered defendant’s remaining arguments and find them to be unavailing. Concur — Tom, J. P., Wallach, Lerner and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Amended judgment, Supreme Court, Bronx County (Stanley Green, J.), entered June 23, 1997, which, upon a jury verdict in plaintiffs favor and against defendant, awarded plaintiff damages structured pursuant to CPLR article 50-B, unanimously affirmed, without costs.

The evidence does not so preponderate in favor of defendant that the jury could not have reached its verdict upon any fair interpretation of the evidence (see, e.g., Edwards v Manhattan & Bronx Surface Tr. Operating Auth., 252 AD2d 410), and, accordingly, we decline to order a new trial. Contrary to defen[130]*130dant City’s argument, the doctrine of judgmental error is inapplicable to shield the City from liability for what the jury, based on the evidence before it, permissibly found to have been the intentional and unjustified use of deadly force by a police officer upon plaintiffs decedent, an unarmed civilian (see, Jones v State of New York, 33 NY2d 275). In structuring the judgment, the trial court correctly applied CPLR 5041 (see, Fisk v City of New York, 256 AD2d 167, lv denied 93 NY2d 845). We have considered defendant’s remaining arguments and find them to be unavailing. Concur — Tom, J. P., Wallach, Lerner and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

261 A.D.2d 129, 687 N.Y.S.2d 258, 1999 N.Y. App. Div. LEXIS 4651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bastian-v-city-of-new-york-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack