Summary
holding that an off-duty police officer was acting outside the scope of his employment when he deliberately shot the plaintiff
Summary of this case from Victory v. PatakiOpinion
Argued May 29, 1985
Decided June 28, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Anthony T. Jordan, Jr., J.
Howard S. Davis for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Edward F.X. Hart and Larry Sonnenshein of counsel), for respondent.
Order affirmed, without costs. We agree with the Appellate Division that there is no evidence "that ought reasonably to satisfy a jury that the fact[s] sought to be proved [are] established" ( Blum v Fresh Grown Preserve Corp., 292 N.Y. 241, 246).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and BOOMER. Taking no part: Judge TITONE.
Designated pursuant to N Y Constitution, article VI, § 2.