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CONRAD v. CITY OF NEW YORK

Index No. 154550/17. Appeal No. 13363. Case No. 2020-02314.

192 A.D.3d 505 (2021)

140 N.Y.S.3d 404

2021 NY Slip Op 01506

Eric Conrad, as Administrator of the Estate of Garry J. Conrad, Deceased, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Beldock Levine & Hoffman LLP, New York ( Karen Dippold of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

Defendants made out a prima facie case that Officer Gleason's actions were objectively reasonable under the circumstances, which required split-second decision making (Pacheco v City of New York, 104 A.D.3d 548, 549 [1st Dept 2013]; Elias v City of New York, 173 A.D.3d 538 [1st Dept 2019]). The record raises disputed issues of fact as to whether Officer Gleason knew or should have...

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