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MOORE v. CITY OF NEW YORK

2008-07575

68 A.D.3d 946 (2009)

2009 NY Slip Op 9440

891 N.Y.S.2d 156

JENNIFER MOORE et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 15, 2009.

Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action, inter alia, to recover damages for civil rights violations pursuant to 42 USC § 1983. The action arose from the death of her son (hereinafter the decedent), who was shot by the defendant James Moss, a detective for the New York City Police Department, following a standoff in which the decedent failed to drop the knife he was brandishing when ordered to do so by the police...

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