Galapo v. City of New York

Appellate Division of the Supreme Court of New York

Galapo v. City of New York

267 A.D.2d 349, 699 N.Y.S.2d 924, 1999 N.Y. App. Div. LEXIS 13141

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

DecidedDecember 20, 1999

StatusPublished

Cited by3 cases

This text of 267 A.D.2d 349 (Galapo 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

Galapo v. City of New York, 267 A.D.2d 349, 699 N.Y.S.2d 924, 1999 N.Y. App. Div. LEXIS 13141 (N.Y. Ct. App. 1999).

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Opinion

—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.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

In Galapo v City of New York (219 AD2d 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 [350]*350cause of action pursuant to General Municipal Law § 205-e. The decisions of the Court of Appeals in Gonzalez v Iocovello (93 NY2d 539), Desmond v City of New York (88 NY2d 455), and St. Jacques v City of New York (88 NY2d 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.

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—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.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

In Galapo v City of New York (219 AD2d 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 [350]*350cause of action pursuant to General Municipal Law § 205-e. The decisions of the Court of Appeals in Gonzalez v Iocovello (93 NY2d 539), Desmond v City of New York (88 NY2d 455), and St. Jacques v City of New York (88 NY2d 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.

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Bluebook (online)

267 A.D.2d 349, 699 N.Y.S.2d 924, 1999 N.Y. App. Div. LEXIS 13141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galapo-v-city-of-new-york-nyappdiv-1999.

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