COTTONE v. CITY OF NEW YORK


206 A.D.2d 345 (1994)

614 N.Y.S.2d 44

Angelo Cottone, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1994


Ordered that the judgment is affirmed, with costs.

The plaintiff, who was a police officer at the time of the accident, was injured when he tripped and fell on a defective sidewalk as he was in pursuit of a youth who had just thrown stones at and injured a young girl. At the close of the plaintiff's case, the court dismissed the complaint on the ground, inter alia, that the plaintiff's common-law negligence action...

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