The Matter of James R. Diegelman v. City of Buffalo

Section 205-e of the General Municipal Law—the provision under which plaintiff seeks to impose liability against his municipal employer—was passed by the legislature in 1989 (see L 1989, ch 346, § 1). That section was enacted, in large part, in response to this Court’s decision in Santangelo v State of New York (71 NY2d 393 [1988]), where we held that on-duty police officers were not entitled to recover for injuries sustained in the line of duty as a result of the negligence of third parties (see Senate Introducer’s Mem in Support, Bill Jacket, L 1989, ch 346 at 5, 1989 NY Legis Ann at 180;…