PEREZ v. CITY OF NEW YORK

2009-08435.

79 A.D.3d 835 (2010)

912 N.Y.S.2d 691

KRISTIN PEREZ, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided December 14, 2010.


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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