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McCORMICK v. CITY OF NEW YORK

307 A.D.2d 231 (2003)

762 N.Y.S.2d 494

ELIZABETH M. McCORMICK, Individually and as Executrix of JOHN F. McCORMICK, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided July 31, 2003.

In this action to recover for the wrongful death of plaintiff's husband, a police officer allegedly fatally shot by a fellow officer during the execution of a no-knock search warrant, plaintiff has no valid common-law negligence claim (see Church v City of New York, 268 A.D.2d 382, 383 [2000]), and concededly must premise her General Municipal Law § 205-e claim on a violation of a statute. In her supplemental bill of particulars...

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