JOHNSON v. CITY OF NEW YORK


269 A.D.2d 359 (2000)

702 N.Y.S.2d 636

OLIVE JOHNSON, as Administrator of the Estate of JACK JOHNSON, JR., Deceased, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided February 7, 2000.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the complaint is dismissed insofar as asserted against the defendant City of New York, and the action against the remaining defendant is severed.

The plaintiff's decedent, Jack Johnson, Jr., was shot and killed by the defendant Noel Barnett, an off-duty New York City police officer. Barnett was subsequently convicted of manslaughter as a result of the incident. The plaintiff commenced...

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