Legal Opinion

Thain v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1970PublishedCited by 16 opinions

1Opinion of the Court

*546Hopkins, Brennan and Benjamin, JJ., concur; Christ, P. J., dissents and votes to reverse the interlocutory judgment and dismiss the complaints of plaintiffs against the City of Hew York, with the following memorandum: In the course of a high-speed automobile chase through city streets, the acts and omissions of the police officers involved, reflected upon in tranquility, will rarely, if ever, be such as to escape plausible suggestions as to how the pursuit might have been conducted in a safer manner. The emergent nature of the undertaking permeates it with any number of choices between…

2Cases cited3 opinions

  1. Williams v. State of New YorkNew York Court of Appeals · 1955
  2. Wrubel v. StateNew York Court of Claims · 1958
  3. Jansen v. StateNew York Court of Claims · 1968

3Cited by16 opinions

  1. Saarinen v. KerrNew York Court of Appeals · 1994
  2. Thornton v. ShoreSupreme Court of Kansas · 1983
  3. Oberkramer v. City of EllisvilleSupreme Court of Missouri · 1986
  4. Myers v. Town of HarrisonCourt of Appeals for the Second Circuit · 1971
  5. Strobel v. StateAppellate Division of the Supreme Court of the State of New York · 1971

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