McCormack v. City of New York

I am in agreement with the majority with respect to plaintiff’s failure to prove a prima facie case of negligence on the basis *360of the "no shoot” order. The order, issued by Police Chief Lowe in this emergency hostage situation, was a decision requiring the type of judgment for which police officers are specially trained, and its soundness in the particular circumstances presented should not have been subjected to second-guessing by the jury. (Senft v City of New York, 159 AD2d 370, lv denied 76 NY2d 704; see, Pascarella v City of New York, 146 AD2d 61, 71-72, lv denied 74 NY2d 610.)

I…