879 N.E.2d 172, 849 N.Y.S.2d 32 Shephard v. City of New York. Court of Appeals of the State of New York. Decided December 18, 2007. Appeal from the 2d Dept: 39 AD3d 842. Motions for Leave to Appeal Denied. Tagged: 849 N.Y.S.2d 32879 N.E.2d 172