CITY OF BUFFALO v. MAGGIO


21 N.Y.2d 1017 (1968)

City of Buffalo, Appellant, v. Michael D. Maggio, Respondent.

Court of Appeals of the State of New York.

Decided April 18, 1968.


Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (Louis N. Blatt and James J. McLoughlin of counsel), for appellant.

W. Donn McCarthy for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN and BREITEL concur in memorandum; Judge KEATING dissents and votes to reverse in an opinion in which Judge BURKE concurs; Judge JASEN taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed. In our view, the cause of action which accrues to the city under section 207-c of the General Municipal Law is derived from its injured employee's cause of action in negligence against the person causing such injury.

Section 207-c merely gives the city a direct remedy against the person liable to the employee in negligence. It does not create a new...

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