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McCORMACK v. CITY OF NEW YORK

80 N.Y.2d 808 (1992)

Susan McCormack, as Administratrix of The Estate of Joseph McCormack, Deceased, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1992.

Attorney(s) appearing for the Case

Harvey A. Levine and Richard A. Gilbert for appellant.

O. Peter Sherwood, Corporation Counsel (Barry P. Schwartz and Fay Leoussis of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff's wrongful death claim against New York City arose out of an incident in which an Emergency Services Unit (ESU) police officer was shot and killed when an apparently emotionally disturbed individual who had barricaded himself inside a house emerged and fired a shotgun directly at him. Plaintiff's claim was premised on two distinct...

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