PEREZ v. CITY OF NEW YORK


43 A.D.3d 712 (2007)

841 N.Y.S.2d 559

SEVERINO PEREZ, Respondent, v. CITY OF NEW YORK et al., Appellants, and CAROL HEALY, Respondent.

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

Decided September 18, 2007.


Plaintiff was arrested and prosecuted at the instigation of defendant Healy, then a City police officer, in an incident culminating a long-brewing personal dispute between them. The jury determined that Healy was acting within the scope of her employment. We find no reasonable interpretation of the facts to support that conclusion (see e.g. Caits v Keyser, 202 A.D.2d 180 [1994]). As a matter of law, an officer is not acting within...

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