Opinion
June 9, 1986
Appeal from the Supreme Court, Kings County (Held, J.).
Order affirmed, with costs.
The motion of the defendant for summary judgment was properly denied upon reargument. The plaintiff seeks to recover damages, inter alia, for personal injuries allegedly sustained on November 29, 1977, when he was pursued and caused to be arrested by one Rodney Jackson, an off-duty New York City Housing Authority Police Officer and employee of the defendant (see, CPL 1.20 [e]). It is now clear that the defendant could be liable under traditional concepts of respondeat superior for the actions of officers such as Jackson who attempt to effect arrests while off-duty (Frazier v. State of New York, 64 N.Y.2d 802; see also, Matter of Washington v. New York City Hous. Auth., 31 A.D.2d 700, 701, affd 24 N.Y.2d 912). Therefore, questions of fact exist as to whether Jackson was negligent and whether the defendant is liable for his negligence. Mangano, J.P., Gibbons, Kooper and Spatt, JJ., concur.