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Galapo v. City of New York
Citations: 267 A.D.2d 349; 699 N.Y.S.2d 924; 1999 N.Y. App. Div. LEXIS 13141
Court: Appellate Division of the Supreme Court of the State of New York; December 19, 1999; New York; State Appellate Court
In a wrongful death action, defendants appealed a judgment from the Supreme Court, Kings County, awarding plaintiffs $17,956,500 based on a jury verdict. The appellate court reversed the judgment and dismissed the complaint, citing a precedent from Galapo v. City of New York, which allowed a violation of the New York City Police Department Patrol Guide to support a cause of action under General Municipal Law § 205-e. However, subsequent Court of Appeals decisions in Gonzalez v. Iocovello, Desmond v. City of New York, and St. Jacques v. City of New York effectively overruled the Galapo precedent. Since the jury's liability finding was solely based on the alleged Patrol Guide violation, the appellate court concluded that the judgment could not stand, leading to its reversal and the dismissal of the complaint. The decision included concurrence from Justices Thompson, Krausman, Miller, and Schmidt.