FERNANDEZ v. CITY OF NEW YORK


169 Misc.2d 397 (1996)

645 N.Y.S.2d 1004

David Fernandez, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, New York County.

July 1, 1996


Attorney(s) appearing for the Case

Esterman & Esterman, New York City (Robert H. Morse of counsel), for plaintiff. Paul A. Crotty, Corporation Counsel of New York City (Dereck A. Barrett of counsel), for defendants.


JUDITH J. GISCHE, J.

A major issue to be decided by the court in this prejury charge conference (CPLR 4110-b) is whether defendants are entitled to an instruction on implied assumption of risk. This action for personal injuries arises because, during the course of his own arrest, plaintiff was shot in the head by the arresting officer. The only theory of liability advanced by plaintiff is that defendants were...

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