Lauer v. City of New York

(also dissenting). I agree with Judge Smith’s lead dissenting opinion, and add this expression to augment my vote for affirmance of the Appellate Division order.

This State’s tort jurisprudence recognizes that “[d] anger invites rescue” (Wagner v International Ry. Co., 232 NY 176, 180). That renowned case offers apt pari materia reasoning, and much more in the way of classic Cardozean guidance that is transcendent (id., at 180-182 [“The law does not ignore these reactions of the mind in tracing conduct to its consequences” and in determining that the “quality” of a defendant’s acts relating to…