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CAMPOS v. CITY OF NY

195 Misc.2d 624 (2003)

759 N.Y.S.2d 843

HECTOR CAMPOS et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

March 20, 2003.

Attorney(s) appearing for the Case

Wingate Russotti & Shapiro, New York City (Philip Russotti of counsel), for Hector Campos, plaintiff.

Michael A. Cardozo, Corporation Counsel (James Snashal of counsel), for City of New York, defendant.

Queller Fisher Dienst Serrins Washor & Kool, LLP, New York City (James Moschella of counsel), for Ricardo Cobeo, defendant.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

These motions raise an unusual question: Does respondeat superior liability attach to the out-of-jurisdiction acts of an off-duty police officer?

Defendant Cobeo, an off-duty New York City detective, shot plaintiff Campos in a street encounter in Yonkers on the evening of March 29, 1995. Campos sues Cobeo in tort and sues the City of New York alleging vicarious...

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