A Brooklyn South Officer received a $700,000 settlement from a private building owner and the City of New York after sustaining injuries while chasing a perp. The Officer responded to a 10-34 and started chasing the perpetrator when he tripped on a broken sidewalk, lost his balance and then tripped on a broken curb causing him to fall in the street. The Officer sustained injuries to his right knee and right shoulder. Both injuries required arthroscopic surgery. The Officer returned to full duty and was later involved in a physical altercation during an arrest and re-injured his right shoulder. DCD, on behalf of the Officer, sued the private building pursuant to GML §205-e claiming the owner was negligent and in violation of the Administrative Code in failing to maintain the sidewalk in a reasonably safe condition. DCD also sued the City of New York pursuant to GML §205-e alleging the City of New York violated provisions of the Administrative Code in failing to maintain the curb in a reasonably safe condition.

Both the insurance company for the building owner and the City of New York filed motions for summary judgment asking the Court to dismiss both causes of action upon the grounds that neither defendant was responsible for the defects of the sidewalk and curb. Joseph L. Decolator defended both motions and was successful in convincing a Supreme Court justice to allow both cases to proceed to trial.

At a pre-trial conference, Dominic DiPrisco settled the case for $250,000 from the private building owner and $450,000 from the City of New York.

The Officer, after a protracted battle, received a ¾ line-of-duty disability pension.