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GOMEZ v. NEW YORK CITY POLICE DEPARTMENT

No. 25032/99, 4752-4753

85 A.D.3d 401 (2011)

924 N.Y.S.2d 362

2011 NY Slip Op 4591

EDWIN GOMEZ, Respondent, v. NEW YORK CITY POLICE DEPARTMENT et al., Appellants, et al., Defendant.

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

Decided June 2, 2011.

The jury's finding that the off-duty police officer was acting within the scope of his employment when he accidentally shot plaintiff is supported by the evidence (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]; Riviello v Waldron, 47 N.Y.2d 297, 302-303 [1979]; Collins v City of New York, 11 Misc.2d 76, 78-79 [1958], affd

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