Barton v. City of N.Y.
| Decision Date | 21 October 2020 |
| Docket Number | Index No. 12404/98,2017–05227 |
| Citation | 131 N.Y.S.3d 246 (Mem),187 A.D.3d 976 |
| Parties | Joseph BARTON, Respondent, v. CITY OF NEW YORK, et al., Appellants, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
187 A.D.3d 976
131 N.Y.S.3d 246 (Mem)
Joseph BARTON, Respondent,
v.
CITY OF NEW YORK, et al., Appellants, et al., Defendants.
2017–05227
Index No. 12404/98
Supreme Court, Appellate Division, Second Department, New York.
Argued - March 5, 2020
October 21, 2020
James E. Johnson, Corporation Counsel, New York, N.Y. (Devin Slack and Kathy Chang Park of counsel), for appellants.
Robert J. Berkowitz & Associates, P.C., New York, N.Y. (Andrew D. Weitz of counsel), for respondent.
REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendants City of New York and New York City Police Department appeal from an order of the Supreme Court, Kings County (Reginald A. Boddie, J.), dated March 29, 2017. The order, insofar as appealed from, denied those branches of those defendants' motion which were for summary judgment dismissing the causes of action alleging negligent training, negligent hiring, and negligent retention.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendants City of New York and New York City Police Department which were for summary judgment dismissing the causes of action alleging negligent training, negligent hiring, and negligent retention are granted.
The defendant Walter Rossler was a detective employed by the defendants New York City Police Department (hereinafter NYPD) and the City of New York (hereinafter together the appellants). One night, Rossler was showing his NYPD-issued handgun to the plaintiff and another acquaintance at the Second Street Cafe´, a pub allegedly operated by the defendant Larman Enterprises, Inc. The plaintiff struck Rossler's hand, causing the gun to accidentally discharge. The plaintiff was shot in the face and sustained serious injuries.
The plaintiff commenced this action on April 13, 1998. The complaint included causes of action alleging negligence against Rossler, negligence against Larman Enterprises, Inc., and negligent training, negligent hiring, negligent retention, and respondeat superior/vicarious liability against the appellants. In 2006, after issue was joined by the appellants and Rossler, the appellants moved, inter alia, for summary judgment dismissing the...
To continue reading
Request your trial
-
Tabchouri v. Hard Eight Rest. Co.
...v J.P. Phillips, Inc., 28 A.D.3d at 600; see Pisula v Roman Catholic Archdiocese of N.Y., 201 A.D.3d 88, 105; Barton v City of New York, 187 A.D.3d 976, 978). The complaint also failed to sufficiently allege that the East Third defendants in some way directed, permitted, or participated in ......
-
People v. Smith
... ... , New York.Submitted - February 21, 2020October 21, 2020Kristina Heuser, Locust Valley, NY, for appellant.Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Madeline ... ...
-
Holian v. City of Long Beach
...plaintiffs Tailed to raise a triable issue of fact (see Rapuzzi v, City of New York, 186 A.D.3d 1548; see also Zuckerman, supra; see also Barton, supra). Defamation - Tenth Cause of Action "The elements of a cause of action to recover damages for defamation are '(a) a false statement that t......
-
Guarino v. ProHEALTH Care Assoc.
...2023 NY Slip Op 04112 Marianne Guarino, respondent, v. ProHEALTH Care Associates, LLP, appellant, et al., ... employee's propensity for the conduct which caused the ... injury'" (Barton v City of New York, 187 ... A.D.3d 976, 977, quoting Kenneth R. v Roman Catholic ... Diocese of ... ...