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BONSIGNORE v. CITY OF NEW YORK

No. 637, Docket 81-7733.

683 F.2d 635 (1982)

Virginia L. BONSIGNORE, individually and as Administratrix of the Estate of Blase A. Bonsignore, deceased, Plaintiff-Appellee-Cross-Appellant, v. The CITY OF NEW YORK, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 15, 1982.

Attorney(s) appearing for the Case

Leonard Mentzer, New York City (Allen G. Schwartz, Corp. Counsel of the City of New York, Raymond S. Carroll, Walter F. Benson, New York, N. Y., on the brief), for defendant-appellant-cross-appellee.

James Sawyer, Great Neck, N. Y. (Martin, Van de Walle & Sawyer, Great Neck, N. Y., on the brief), for plaintiff-appellee-cross-appellant.

Before OAKES, NEWMAN and PIERCE, Circuit Judges.

NEWMAN, Circuit Judge:

This diversity case requires consideration of both negligence and proximate cause in the context of an unusual factual setting. Virginia Bonsignore sued the City of New York for damages and wrongful death for its negligence in requiring her husband, a member of the New York City Police Department, to carry a gun at all times while within City limits. On December 20, 1976, Officer Bonsignore, using his .32 caliber "off-duty" revolver, shot and...

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