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PINKNEY JR. v. CITY OF NEW YORK

52 A.D.3d 242 (2008)

860 N.Y.S.2d 22

WILFORD PINKNEY, JR., Individually and as Limited Administrator of the Estate of TAMMI TERRELL, Deceased, and as Parent and Natural Guardian of KAYLAH MARIAH PINKNEY, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 5, 2008.

In this wrongful death action, the court properly found the City not liable on the basis of respondeat superior inasmuch as defendant Williams was not acting within the scope of his employment as a police officer when he visited the decedent, a fellow police officer, at her apartment for personal reasons and spent the night with her as he had done numerous times before, and she used his off-duty weapon to commit suicide (see...

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