Lubelfeld v. City of New York

This is an action to recover damages for personal injuries sustained by plaintiff, a taxicab driver for some 26 years, when he was shot without provocation by a police officer, Patrolman Thomas J. Long, who was a passenger in his cab at the time. Liability of the city is predicated on the theory that the three police officers who, according to plaintiff’s testimony, placed Long in his cab, knew or should have known that Long was intoxicated and carrying a loaded revolver at the time, and were thus negligent in failing to protect plaintiff from a known risk of bodily harm. The trial court…