JAKES v. CITY OF NEW YORK


88 Misc.2d 355 (1976)

William B. Jakes, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Trial Term, Kings County.

September 28, 1976


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Howard Berg and David J. Jacobs of counsel), for defendants. Jerome Edelman for plaintiff.


LESTER SACKS, J.

On June 7, 1973, the plaintiff, a detective with the New York City Police Department, was allegedly negligently shot, while on duty, by Patrolman Louis Calcones, also on duty at the time.

The defendants, the City of New York and the Police Department of the City of New York, now move for an order granting summary judgment and dismissing the complaint on the grounds of the common-law "fellow-servant rule."

That rule, simply...

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