Ordered that the order is affirmed, with costs.
On September 15, 2004, the defendant Javier Colon, a New York City police officer, was off duty and made plans to meet friends that night to play cards. Upon arriving at his friend's apartment with the plaintiff's decedent, George Perez, and in anticipation of consuming alcohol, Colon decided to remove his service weapon from its holster and unload it. While Colon was in the process of unloading the weapon, it accidentally...
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