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HELEN L. GALAPO, etc., et al., respondents, v. CITY OF NEW YORK, et al., appellants.

DECISION ORDER

ORDERED that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

In Galapo v. City of New York ( 219 A.D.2d 581 ), this court held that an alleged violation of the New York City Police Department Patrol Guide (hereinafter Patrol Guide) provision relating to the use of firearms could serve as a predicate for a cause of action pursuant to General Municipal Law § 205-e. The decisions of the Court of Appeals in Gonzalez v. Iocovello ( 93 N.Y.2d 539 ), Desmond v. City of New York ( 88 N.Y.2d 455 ), and St. Jacques v. City of New York ( 88 N.Y.2d 920 ), effectively overruled this court's decision in Galapo v. City of New York (supra). Accordingly, since the only basis for the jury's finding of liability against the appellants was such a violation of the Patrol Guide, the judgment must be reversed and the complaint dismissed.

THOMPSON, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.

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GALAPO v. CITY OF NEW YORK
(Dec 20, 1999)