St. Jacques v. City of New York

Tom, J. (dissenting).

Plaintiff Daniel St. Jacques, a New York City police officer, was injured while pursuing a robber in the line of duty when he stumbled and fell due to a broken and defective condition in the sidewalk. Plaintiffs (the officer’s wife filed a claim for loss of consortium) commenced the underlying action in February 1990 against the City of New York (the City) asserting common-law negligence and a cause of action under General Municipal Law § 205-e.

During the course of the jury trial, at the close of plaintiffs’ case, counsel for both sides stipulated that the City had…