FERRIOLO v. CITY OF NEW YORK

1510, 105667/04

72 A.D.3d 490 (2010)

899 N.Y.S.2d 172

VINCENZO FERRIOLO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 13, 2010.


Plaintiff was present in the precinct locker room when defendant Gian, a fellow police officer, accidentally discharged his Sig Sauer 9 millimeter semiautomatic weapon. Plaintiff's femur was shattered. Gian was in the process of moving his gun from his locker to a storage locker for inventory purposes. Plaintiff was donning his uniform before beginning his tour of duty and conversing with another officer when the gun went off.

Inasmuch as Gian was moving his weapon...

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