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MURRAY v. CITY OF NEW YORK

43 N.Y.2d 400 (1977)

Kathleen Murray, as Administratrix of The Estate of James F. Murray, Deceased, Respondent, v. City of New York, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Bernard Burstein, L. Kevin Sheridan and Irving Cohen of counsel), for appellant.

Robert M. Ginsberg, Abraham Fuchsberg and Norman E. Frowley for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG taking no part.

COOKE, J.

Plaintiff's decedent James F. Murray, while a pedestrian on a Brooklyn street, was struck by a New York City police car manned by two officers responding to a radio call, after it careened from a collision with another vehicle owned by Sarofino Virzi and operated by Mario Virzi (the latter not being served and against whom plaintiffs stipulated to discontinue). Two days later, Murray passed away. At...

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