1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 95 N.Y.2d
  5. 95 N.Y.2d 95 (2000)
 

LAUER v. CITY OF NEW YORK

95 N.Y.2d 95 (2000)

733 N.E.2d 184

711 N.Y.S.2d 112

EDWARD G. LAUER, Respondent, v. CITY OF NEW YORK et al., Appellants.

Court of Appeals of the State of New York.

Decided May 16, 2000.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for appellants.

Leahey & Johnson, P. C., New York City (Peter James Johnson, Jr., Peter James Johnson, James Patrick Tenney and Christopher Delamere Clarke of counsel), for respondent.

Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur with Chief Judge KAYE; Judges BELLACOSA and SMITH dissent and vote to affirm in separate opinions in which each concurs.

OPINION OF THE COURT

Chief Judge KAYE.

On this appeal we revisit a familiar subject: whether a member of the public can recover damages against a municipality for its employee's negligence. Here we answer that question in the negative.

The Facts

Three-year-old Andrew Lauer died on August 7, 1993. That same day, Dr. Eddy Lilavois, a New York City Medical Examiner, performed an autopsy and prepared a report stating that the child's death...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases