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SCHUSTER v. CITY OF NEW YORK

5 N.Y.2d 75 (1958)

Max Schuster, as Administrator of The Estate of Arnold L. Schuster, Deceased, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Reargued November 5, 1958.

Decided November 11, 1958.

Attorney(s) appearing for the Case

Upon original argument, Joseph N. Friedman and Harry H. Lipsig for appellant. Upon reargument, Albert Cohn, Harry H. Lipsig, Eugene J. Morris and Albert J. Rosenthal for appellant.

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

Judges DYE and FULD concur with Judge VAN VOORHIS; Judge McNALLY concurring in a separate opinion in which Judges DYE, FULD and VAN VOORHIS also concur; Chief Judge CONWAY and Judges DESMOND and FROESSEL dissent and vote to affirm, each in a separate opinion in which the others concur; Judge BURKE taking no part.

VAN VOORHIS, J.

Plaintiff's intestate supplied information to the Police Department of the City of New York leading to the arrest of a dangerous fugitive from justice known as Willie Sutton, a criminal of national reputation. Schuster's part in Sutton's capture was widely publicized. Schuster immediately received communications threatening his life, of which he notified the police. Three weeks later Schuster was...

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