Judgment reversed insofar as appealed from, on the law, and, as against defendant City of New York, action severed and new trial granted, with costs to abide the event.
It was error for the trial court to dismiss the complaint against the City of New York. In our opinion, there was sufficient evidence to permit an inference by the jury that the defendant police officer was acting within the scope of his employment at the time of the shooting (Osipoff v. City of...
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