OPINION OF THE COURT
Carro, J.
The unforeseen suicide of a police officer, who, while off duty, turns his gun on himself, is a tragedy for his family, friends, colleagues, and the public he has served. It is not however, the basis of a successful suit alleging negligence by the officer’s municipal employer, for permitting the officer to carry a service revolver. This is true notwithstanding the fact that the death occurred some four months after a period during which the gun was removed during a period of psychological evaluation for reasons other than suicidal behavior, since the return of the gun cannot be considered to be either the cause-in-fact or a proximate cause of the officer’s suicide.
The case at bar involves the facts and circumstances surrounding the suicide of Frank Cygan (decedent), a 14-year veteran of the New York Police Department, who shot himself to death in his home on June 9, 1985. The appeal within arises out of the wrongful death action brought by his wife Margaret Cygan (plaintiff), individually and as decedent’s administratrix, against the City of New York (the City); this case resulted in a jury finding that decedent was one-third, [60] and the City’s Police Department (the Department) two-thirds, liable for the suicide; the jury accordingly awarded plaintiff damages in the sum of $650,000 less one third, i.e., $433,333 and $325,000 each to decedent’s children, Frank Junior and Theresa (also reduced by one third).
The pertinent facts in this case, while seemingly convoluted, are to our view, ultimately less complex than meets the eye. On June 9, 1985, plaintiff and decedent, correction and police officers, respectively, were off duty and spent the day at home with their two children. Plaintiff said the day was "very nice” and "happy” and that they visited both his and her parents. Plaintiff testified that at the latter of the two homes, decedent had "a couple” of beers with her brothers. They returned home at approximately 9:00 p.m., at which time decedent drank some more beer while watching television. After decedent’s suicide, plaintiff gave inconsistent statements as to whether decedent was drunk or not when he got home, telling investigating police that he was already drunk, but later testifying at trial that be became intoxicated only after arriving home. In any event, she maintained that he was drunk by the time she went to bed shortly after midnight, and that she did not know whether he would sleep downstairs or upstairs.
Although plaintiff testified that she did not recall arguing with decedent while she was downstairs earlier that evening, she later, and apparently inexplicably, found herself awakened by her husband who was yelling and incoherently mumbling. She forthrightly acknowledged in her testimony that she did not pay any attention to this conduct, but simply went back to sleep.
Plaintiff’s slumber was once again disturbed, this time by decedent’s shouting "[t]his is for you Marge” and the sound of a gunshot. At this, plaintiff did rise and go downstairs, where she found her husband in the dining room lying next to the china closet. It is undisputed that decedent, who had had his guns removed by the Department 18 months earlier and returned to him approximately four months prior to his death, had shot himself in the head with his off-duty service revolver. It is equally uncontroverted that the autopsy subsequently performed revealed that he had a blood alcohol level of .17%, which, as plaintiff correctly notes for purposes of comparison, is substantially beyond the .10% necessary to sustain a charge of driving while intoxicated.
While this case revolves, so to speak, around decedent’s off-[61] duty service revolver, which decedent loaded with but a single shell before shooting himself, it is significant that that was not the only gun in the house. Indeed, as the City points out, the Cygans had a "virtual arsenal of weapons and ammunition.” Their abode was home to four handguns, both service and private, a shotgun, a rifle and a dagger. During the period of time in which decedent’s guns were removed by the Department, he nevertheless retained and had at his disposal part, though not all, of this impressive array of weapons.
Plaintiffs central contention is that the Department knew or should have known the decedent was likely to commit suicide and that restoring his gun four months prior to his death was the proximate cause of the suicide. In this regard, she contends that, although decedent’s guns were initially removed following a departmental psychological evaluation, in reality, his evaluations by numerous professionals and facilitators were conducted carelessly and with indifference, and that decedent had exhibited suicidal ideations which should not only have been identified, but precluded the return of his guns by the Department. On the other hand, the City counters that the conduct of the Department and the professional staff involved was reasonable and prudent. The City further argues that despite the fact that the suicide was not foreseeable, even had it been predictable, it was not preventable. It is therefore necessary to review the evidence concerning decedent’s conduct over the period of time in question, which the parties agree to be approximately 18 months previous to the suicide.
In November 1983, plaintiff returned to work as a correction officer. Decedent, who worked on the night shift, thus had the added responsibility of caring for the children, the younger of whom was three years of age, during the day. This resulted in his getting as little as two hours of sleep each night and unquestionably caused stress in the Cygans’ marriage. In addition, decedent wanted plaintiff to stay home and to have another baby, requests to which plaintiff did not acquiesce.
Moreover, according to plaintiff, in December 1983, the then 34-year-old decedent became paranoid and delusional, believing, inter alia, that he was under investigation because he had attended two meetings of a right-wing organization when he was 17 years old, that he would be jailed and killed while incarcerated. The situation in their household worsened, until plaintiff called the Psychological Services Unit (Psychological Services) of the Health Services Division of the Department [62] (Health Services). While this was the first time in nearly 13 years of service in which the Cygans sought help from the Department, plaintiff’s call prompted immediate action, and an appointment was scheduled for the very next day.
On January 20, 1984, Dr. Arthur Knour, a senior psychologist in the Department, met with decedent and plaintiff, both separately and together. Decedent expressed the paranoid fears he was experiencing and told Knour he had lost his appetite and was experiencing sleeping disorders, the primary basis of which both plaintiff and decedent acknowledged was lack of time to sleep; decedent also told Knour that plaintiffs return to her job had upset him. Plaintiff, who had known decedent since 1971, told Knour that he had never expressed paranoid fears prior to December 1983.
Decedent acknowledged that he drank two six-packs of beer each day, while he was babysitting and watching television. He also said he had been drinking beer since he was 17 years old; plaintiff confirmed that he had been a beer drinker since she met him.
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OPINION OF THE COURT
Carro, J.
The unforeseen suicide of a police officer, who, while off duty, turns his gun on himself, is a tragedy for his family, friends, colleagues, and the public he has served. It is not however, the basis of a successful suit alleging negligence by the officer’s municipal employer, for permitting the officer to carry a service revolver. This is true notwithstanding the fact that the death occurred some four months after a period during which the gun was removed during a period of psychological evaluation for reasons other than suicidal behavior, since the return of the gun cannot be considered to be either the cause-in-fact or a proximate cause of the officer’s suicide.
The case at bar involves the facts and circumstances surrounding the suicide of Frank Cygan (decedent), a 14-year veteran of the New York Police Department, who shot himself to death in his home on June 9, 1985. The appeal within arises out of the wrongful death action brought by his wife Margaret Cygan (plaintiff), individually and as decedent’s administratrix, against the City of New York (the City); this case resulted in a jury finding that decedent was one-third, [60] and the City’s Police Department (the Department) two-thirds, liable for the suicide; the jury accordingly awarded plaintiff damages in the sum of $650,000 less one third, i.e., $433,333 and $325,000 each to decedent’s children, Frank Junior and Theresa (also reduced by one third).
The pertinent facts in this case, while seemingly convoluted, are to our view, ultimately less complex than meets the eye. On June 9, 1985, plaintiff and decedent, correction and police officers, respectively, were off duty and spent the day at home with their two children. Plaintiff said the day was "very nice” and "happy” and that they visited both his and her parents. Plaintiff testified that at the latter of the two homes, decedent had "a couple” of beers with her brothers. They returned home at approximately 9:00 p.m., at which time decedent drank some more beer while watching television. After decedent’s suicide, plaintiff gave inconsistent statements as to whether decedent was drunk or not when he got home, telling investigating police that he was already drunk, but later testifying at trial that be became intoxicated only after arriving home. In any event, she maintained that he was drunk by the time she went to bed shortly after midnight, and that she did not know whether he would sleep downstairs or upstairs.
Although plaintiff testified that she did not recall arguing with decedent while she was downstairs earlier that evening, she later, and apparently inexplicably, found herself awakened by her husband who was yelling and incoherently mumbling. She forthrightly acknowledged in her testimony that she did not pay any attention to this conduct, but simply went back to sleep.
Plaintiff’s slumber was once again disturbed, this time by decedent’s shouting "[t]his is for you Marge” and the sound of a gunshot. At this, plaintiff did rise and go downstairs, where she found her husband in the dining room lying next to the china closet. It is undisputed that decedent, who had had his guns removed by the Department 18 months earlier and returned to him approximately four months prior to his death, had shot himself in the head with his off-duty service revolver. It is equally uncontroverted that the autopsy subsequently performed revealed that he had a blood alcohol level of .17%, which, as plaintiff correctly notes for purposes of comparison, is substantially beyond the .10% necessary to sustain a charge of driving while intoxicated.
While this case revolves, so to speak, around decedent’s off-[61] duty service revolver, which decedent loaded with but a single shell before shooting himself, it is significant that that was not the only gun in the house. Indeed, as the City points out, the Cygans had a "virtual arsenal of weapons and ammunition.” Their abode was home to four handguns, both service and private, a shotgun, a rifle and a dagger. During the period of time in which decedent’s guns were removed by the Department, he nevertheless retained and had at his disposal part, though not all, of this impressive array of weapons.
Plaintiffs central contention is that the Department knew or should have known the decedent was likely to commit suicide and that restoring his gun four months prior to his death was the proximate cause of the suicide. In this regard, she contends that, although decedent’s guns were initially removed following a departmental psychological evaluation, in reality, his evaluations by numerous professionals and facilitators were conducted carelessly and with indifference, and that decedent had exhibited suicidal ideations which should not only have been identified, but precluded the return of his guns by the Department. On the other hand, the City counters that the conduct of the Department and the professional staff involved was reasonable and prudent. The City further argues that despite the fact that the suicide was not foreseeable, even had it been predictable, it was not preventable. It is therefore necessary to review the evidence concerning decedent’s conduct over the period of time in question, which the parties agree to be approximately 18 months previous to the suicide.
In November 1983, plaintiff returned to work as a correction officer. Decedent, who worked on the night shift, thus had the added responsibility of caring for the children, the younger of whom was three years of age, during the day. This resulted in his getting as little as two hours of sleep each night and unquestionably caused stress in the Cygans’ marriage. In addition, decedent wanted plaintiff to stay home and to have another baby, requests to which plaintiff did not acquiesce.
Moreover, according to plaintiff, in December 1983, the then 34-year-old decedent became paranoid and delusional, believing, inter alia, that he was under investigation because he had attended two meetings of a right-wing organization when he was 17 years old, that he would be jailed and killed while incarcerated. The situation in their household worsened, until plaintiff called the Psychological Services Unit (Psychological Services) of the Health Services Division of the Department [62] (Health Services). While this was the first time in nearly 13 years of service in which the Cygans sought help from the Department, plaintiff’s call prompted immediate action, and an appointment was scheduled for the very next day.
On January 20, 1984, Dr. Arthur Knour, a senior psychologist in the Department, met with decedent and plaintiff, both separately and together. Decedent expressed the paranoid fears he was experiencing and told Knour he had lost his appetite and was experiencing sleeping disorders, the primary basis of which both plaintiff and decedent acknowledged was lack of time to sleep; decedent also told Knour that plaintiffs return to her job had upset him. Plaintiff, who had known decedent since 1971, told Knour that he had never expressed paranoid fears prior to December 1983.
Decedent acknowledged that he drank two six-packs of beer each day, while he was babysitting and watching television. He also said he had been drinking beer since he was 17 years old; plaintiff confirmed that he had been a beer drinker since she met him.
Plaintiff makes much of a notation made by Knour that day in his case notes recommending removal of decedent’s guns. This comment — the only one which refers to suicide in the entire case history — states that "because of delusional feelings and possible suicidal ideation, guns removed despite fact that was self-referral” (emphasis added). However, on January 20, 1984, both plaintiff and decedent rejected any suggestion that decedent was suicidal. Furthermore, Knour testified that subsequent to January 20, 1984, there was no indication at any time warranting further concern in this regard.
Knour determined that, considering the sudden onset and severity of symptoms, decedent should consult a psychiatrist; similarly in this regard, he advised plaintiff that decedent may require medication. Knour felt, based upon his interview, that the symptoms could be transitory and dissipate quickly or could be indicative of psychosis or substance abuse. Knour’s final recommendation was removal of firearms "for the purpose of psychological evaluation”, and restricted duty "pending the results of this evaluation” (emphasis added). Knour testified that decedent did not, however, fit the profile as someone who was a risk either to himself or others. Cygan complied and turned in his off-duty service revolver and a .22 automatic gun. He also apparently turned in a shotgun the following day; we note that this still left a number of weapons in the Cygan household.
[63] Decedent continued to work at Brooklyn Central Booking, where he did not require a gun to perform his duties. His personnel chart indicated that other than being a chronic absentee, apparently for reasons of physical illness, Cygan had received acceptable performance ratings and had not been the subject of disciplinary action.
Decedent spoke to Knour again on January 22, and saw him on January 24. He told Knour that he did not need to see the recommended psychiatrist, Dr. Cavanaugh, a doctor who was not with the Department and that, because he was starting to eat and sleep, and had also cut down on drinking, he was feeling better. Decedent acknowledged that his drinking could have an integral role in his problems and agreed to go to the Department’s Counselling Unit to speak to an alcoholism counselor.
Detective Philip Gager, an alcoholism counselor in the Counselling Unit saw decedent on February 2, 1984. Decedent gave him substantially the same information concerning his drinking as previously given with one addition; he told Gager that on one sole occasion six years earlier, he had drunk beer at lunch time. Based upon this, Gager gave him a rating of "4” out of a five-point scale on a form denominated "Profile of Alcoholism” for "drinking on the job”. Gager concluded that while decedent was not an alcoholic, he was possibly in a precursory syndrome which could develop into alcoholism. He therefore scheduled decedent for an alcoholism education program, which decedent successfully completed. Knour was advised of this.
Knour spoke on several occasions with decedent and plaintiff in March and April. Plaintiff told Knour that decedent had continued to eat and sleep better and had ceased verbalizing delusions. In April, Knour referred decedent to an outside psychiatrist, Dr. Abraham Pinsky, for an independent evaluation of decedent in contemplation of restoration of firearms. This was consistent with the policy of Psychological Services, as well as the requirements of both the Department and the City concerning restoration of an individual who has been on limited duty to full service.