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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