Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff Dominick Nieves (hereinafter the plaintiff) was a Yonkers police officer who was accidentally shot by his partner, the defendant Richard Doyle, when the two men, who were investigating a burglarized house with their guns drawn, came across each other unexpectedly in the dark.
The plaintiff's General Municipal Law § 205-e claims against his municipal employer and his...
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