LOPEZ v. CITY OF NEW YORK

7100/07. Appeal No. 13073-13073A. Case No. 2020-00966. 2020-02607.

192 A.D.3d 634 (2021)

2021 NY Slip Op 01945

Raoul Lopez, Respondent, v. City of New York, Appellant.

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

Decided March 30, 2021.


Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( John Moore of counsel), for appellant.

Brett H. Klein, PLLC, New York ( Brett H. Klein of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Oing, JJ.


Defendant City appeals from the denial of its motion to set aside the verdict that held it responsible for a police officer's use of excessive force in shooting plaintiff in the neck during a traffic stop, and assessed damages. The City's principle argument on liability is that the verdict was based on insufficient evidence and that it was against the weight of the evidence. The jury heard two dramatically different versions of the incident. According to plaintiff, he was...

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