A trial judge erred when he ruled that New York City could not offer evidence on the issue of its liability for the suicide of a police officer unless it turned over a complete Internal Affairs Bureau file to the officer’s wife, who is pursuing a wrongful death action, an appellate court has ruled.
A unanimous panel of the Appellate Division, Second Department, ruled in Schindler v. the City of New York, 1308/13, that Queens Justice Augustus Agate, before issuing his conditional order, should have inspected the unredacted document in camera to determine if was subject to discovery.
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