A Manhattan North Police Officer was injured after a struggle with a 70 year old EDP inside the EDP’s residence. When the Officer arrived at the scene, the Officer attempted to enter the residence, however, the EDP barricaded himself inside his apartment. The Officer attempted to wedge himself with his shoulder against the door and a struggle ensued with the EDP. The Officer injured his shoulder which necessitated arthroscopic surgery. The Officer was awarded a ¾ line-of-duty disability pension. DCD sued the homeowner pursuant to common law negligence and GML § 205-e claiming the homeowners actions against the Officer amounted to resisting arrest, a statutory predicate. The insurance company representing the EDP homeowner filed a motion to dismiss the case alleging the Officer did not have a valid claim. The maximum limit of the insurance policy was $300,000. The Officer decided to negotiate a settlement rather than risk a dismissal of the case. The matter settled for $237,500.