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ESTATE BENITEZ v. CITY OF NY

Index No. 152323. Appeal No. 12850. Case No. 2020-02504.

193 A.D.3d 42 (2021)

141 N.Y.S.3d 51

2021 NY Slip Op 00617

ESTATE OF JOSE E. BENITEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Law Offices of Iannuzzi & Iannuzzi, New York City ( Nicholas P. Iannuzzi of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York City ( Lorenzo Di Silvio and Eric Lee of counsel), for respondents.

WEBBER, GONZÁLEZ and SCARPULLA, JJ., concur.

OPINION OF THE COURT

This wrongful death action arises out of the tragic suicide of NYPD Sergeant Jose Benitez in 2015. Although pleaded as a negligence action, plaintiff asserted facts in its complaint alleging that the NYPD had knowledge of Benitez's mental condition and, instead of accommodating Benitez, assigned him to...

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