PUNGELLO v. CITY OF NEW YORK


18 A.D.3d 216 (2005)

795 N.Y.S.2d 3

JOSEPH PUNGELLO, Appellant, v. CITY OF NEW YORK et al., Defendants, SIDNEY DES JARDIN, Appellant, and NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

May 3, 2005.


Plaintiff was shot by defendant Des Jardin. At the time, Des Jardin, although employed as a Housing Authority detective, was off duty in civilian attire, walking his dog near his home on premises not belonging to the Housing Authority, and the evidence of record establishes that the altercation arose from motives of a purely personal sort, bearing no relation to any law enforcement responsibilities Des Jardin may have had in his official capacity. Under these circumstances...

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