JOHNSON v. CITY OF NEW YORK

No. 192

15 N.Y.3d 676 (2010)

942 N.E.2d 219

917 N.Y.S.2d 10

TAMMY D. JOHNSON, Individually and as Mother and Natural Guardian of ARJAYE JOHNSON, an Infant, et al., Appellants, v. CITY OF NEW YORK et al., Respondents. (And Another Action.)

Court of Appeals of New York.

Decided November 23, 2010.


Attorney(s) appearing for the Case

Gutterman & Speiser, New York City ( Barry A. Gutterman of counsel), and Kliegerman & Joseph, LLP ( Michael P Joseph of counsel) for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Susan Paulson and Francis F Caputo of counsel), for respondents.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge JONES dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN and Judge CIPARICK concur.


OPINION OF THE COURT

PIGOTT, J.

On May 27, 2005 at approximately 6:30 P.M., New York City Police Officers Williams and Loor received a complaint from a pedestrian that two men had just attempted to rob him with a gun. The officers pursued one of the suspects from 125th Street, along Lenox Avenue, onto 126th Street. Officer Williams transmitted the attempted robbery complaint over the radio while Officer Loor drove...

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