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LUBELFELD v. CITY OF NEW YORK

4 N.Y.2d 455 (1958)

Charles Lubelfeld, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Benjamin Heller, Nathan Dinkes and Joseph H. Sand for appellant.

Peter Campbell Brown, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD and VAN VOORHIS concur; Judge BURKE taking no part.

FROESSEL, J.

This is an action to recover damages for personal injuries sustained by plaintiff, a taxicab driver for some 26 years, when he was shot without provocation by a police officer, Patrolman Thomas J. Long, who was a passenger in his cab at the time. Liability of the city is predicated on the theory that the three police officers who, according to plaintiff's testimony, placed Long in his cab, knew or...

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