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PONIATOWSKI v. CITY OF NEW YORK

14 N.Y.2d 76 (1964)

Frank Poniatowski, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 26, 1964.

Attorney(s) appearing for the Case

Joseph Kelner and Benjamin H. Siff for appellant.

Leo A. Larkin, Corporation Counsel (John A. Murray, Seymour B. Quel and Fred Iscol of counsel), for respondent.

Edward M. Edenbaum for Uniformed Firemen's Association of Greater New York, amicus curiæ.

Charles Ballon, Eugene M. Kline and Michael J. Silverberg for Patrolmen's Benevolent Association of the City of New York, Inc., amicus curiæ.

Chief Judge DESMOND and Judges BURKE, SCILEPPI and BERGAN concur with Judge FULD; Judge VAN VOORHIS dissents in an opinion in which Judge DYE concurs.

FULD, J.

The fellow-servant doctrine should not be applied in a case, such as the present, where a New York City police officer, serving in a police car as a "recorder", was injured when the car, operated by a fellow officer, collided with another automobile while in pursuit of a third vehicle.

At common law, police officers engaged in police work were regarded not as employees or servants of the municipality...

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