Man Tossed Through Window by NYPD Cop

A case where Saftler & Bacher, PLLC was successful in reaching a settlement with the City of New York and NYPD based on a NYPD Officer Throwing a Suspect Through a Plate Glass Window was featured in the New York Post News Paper.

By Selim Algar (Note: The original version of this article appeared in the April 16, 2015 New York Post News Paper. The full article, which is reproduced below, can be found here.)

April 16, 2015 | 12:38pm

(You can find out more information about Mr. Fasulo’s case by contacting the Attorneys at Saftler & Bacher, PLLC, or by reading the followup article here).

A Queens man who was tossed through a plate-glass window by an NYPD cop landed a $120,000 settlement with the city — despite apologizing to the officer afterward for his drunken antics, according to court papers.

Boozed-up off-duty UPS driver Brett Fasulo hopped into a livery van in May 2012 after slamming down a string of vodka cocktails at a Bayside bar, the documents say. He asked the driver to pull over at an ATM so he could withdraw money to pay for the ride, papers state.

Man tossed through window by NYPD cop gets $120k settlement - part 1
Man tossed through window by NYPD cop gets $120k settlement – part 1

But when the annoyed driver pulled up at the 111th Precinct instead, Fasulo bolted. The furious cabbie then told precinct Sgt. Louis Fishman about the incident, and the officer and a colleague got in the livery van to go look for Fasulo.

Fishman later stated in a deposition that Fasulo took a swing at him after a brief chase and that he gave him a defensive shove that sent him flying through a nearby storefront window.

Fasulo severed a tendon and eventually got more than 60 stitches to close the gash before he was brought back to the precinct for a grilling with Fishman.

Comparing Fasulo to Mike Tyson, the officer secretly recorded his conversation with the suspect, who began apologizing profusely for the melee.

“You turned around like Mike Tyson and tried to knock me out,” Fishman told Fasulo, who denied ever taking a swing.

But Fasulo still accepted responsibility for the incident, saying, “I’m sorry. I swear I was Man tossed through window by NYPDblacking out. I didn’t have any idea that I was being chased by a cop.”

Fasulo later sued the city over the incident, and the city settled it for $120,000 after Judge Carol Amon declined to toss the case.

Fasulo’s lawyer, Lawrence Saftler, defended the settlement to The Post on Tuesday, insisting that the officer needlessly roughed up his drunk and disoriented client.

“He thought it was the cab driver coming after him,” Saftler said of his client. “He didn’t even know it was the police. He’s never been arrested before. Do you think the city is going to settle for $120,000 over nothing?”

Saftler said the cop secretly recorded his client after he was released from the hospital because the officer was under an NYDP Internal Affairs Bureau probe.

“He knew he did something wrong,” the lawyer said of the cop.

The lawyer said Fishman initially claimed that Fasulo jumped through the window and said his client never threw a punch at the officer.