Legal Opinion
McCormack v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 23, 1991PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Lewis R. Friedman, J.), entered July 18, 1989, which awarded plaintiff the sum of $3,676,608.91, inclusive of interest, reversed, on the law, and the complaint is dismissed, without costs. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.
Given that Officer McCormack was killed by shotgun pellets that pierced his shoulder and upper side underneath his arm, we understand plaintiff’s first theory of liability to be that defendant-City was under a duty to provide its Emergency Service Unit personnel with a vest…
2Cases cited5 opinions
- Kenavan v. City of New YorkNew York Court of Appeals · 1987
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Sisco v. Lehigh & Hudson River Railway Co.New York Court of Appeals · 1895
- Cleary v. R. E. Dietz Co.New York Court of Appeals · 1917
- Vyse v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by4 opinions
- Buckley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Martell v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1992
- Vyse v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Weyant v. City of New YorkNew York Supreme Court · 1994