BARTON v. CITY OF NEW YORK


15 Misc.3d 504 (2007)

831 N.Y.S.2d 882

JOSEPH BARTON, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

March 7, 2007.


Attorney(s) appearing for the Case

Robert J. Berkowitz for plaintiff.

Michael A. Cardozo, Corporation Counsel (Andrew John Potak of counsel), for City of New York and another, defendants.

Karasyk & Moschella, LLP (James M. Moschella of counsel), for Walter Rossler, defendant.


OPINION OF THE COURT

JACK M. BATTAGLIA, J.

On the evening of February 6, 1997, plaintiff Joseph Barton and defendant Walter Rossler were at the bar of the Second Street Café in Suffolk County. Defendant Rossler was employed by the New York City Police Department, assigned as a detective with the 67th Precinct, and was carrying his department-issued firearm. As a result of circumstances somewhat in dispute, the weapon discharged, and Mr. Barton was shot...

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