Practice point: An injured police officer looking to recover under General Municipal Law § 205-e must identify a statute or ordinance which defendant violated, and must plead facts from which it may be inferred that defendant's negligence directly or indirectly caused the injuries.
Practitioners should note that proving indirect cause does not require the same proof as proximate cause in common-law negligence, but a practical or reasonable connection between the statutory or regulatory violation and the injury.
Case: Cerati v. Berrios, NY Slip Op 03469 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
You will find another instructive case here.
