Appellate Division of the Supreme Court of the State of New York February 26, 1981 (Hines v. City of Buffalo)

OPINION OF THE COURT

Callahan, J.

The issue for our determination is whether a prior jury verdict of no cause of action in favor of police officers in an action in Federal District Court under section 1983 of title 42 of the United States Code bars a subsequent State court action under tort law against the municipality employing them based on the same acts asserted in the prior Federal action.