GALARZA v. CITY OF NEW YORK

Index No. 28727/17. Appeal No. 2613. Case No. 2023-00810.

230 A.D.3d 1062 (2024)

217 N.Y.S.3d 75

2024 NY Slip Op 04603

Mildred Galarza, as Administrator of the Estate of Ariel Galarza, Deceased, et al., Appellants, v. City of New York et al., Respondents, et al., Defendants.

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

Decided September 26, 2024.


Attorney(s) appearing for the Case

Beldock Levine & Hoffman LLP, New York (Keegan Stephan of counsel), for appellants.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Jamison Davies of counsel), for respondent.

Concur— Webber, J.P., Kern, Oing, González, Rosado, JJ.


Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on or about January 11, 2023, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal is appropriate on the basis of qualified immunity because the subject use of force was not clearly objectively unreasonable under the then-governing law (see generally Muschette on Behalf of A.M. v Gionfriddo, 910 F.3d...

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