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BUCKLEY v. CITY OF NEW YORK

56 N.Y.2d 300 (1982)

Terence Buckley, Respondent, et al., Plaintiff, v. City of New York, Appellant, et al., Defendant, et al., Respondent. Anthony Lawrence, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1982.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Ronald E. Sternberg and Leonard Koerner of counsel), for appellant in the first and second above-entitled actions.

Richard T. Farrell and Marvin N. Suss for Terence Buckley, respondent in the first above-entitled action.

John J. Maguire for Sydney Bloom, respondent in the first above-entitled action.

Emilio Nunez, Michael N. Block and Pamela Anagnos Liapakis for respondent in the second above-entitled action.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

Each of the cases involved in these appeals presents the question of whether the fellow-servant rule continues to apply in New York. In each case an employee of the City of New York, who was injured through the negligence of a coemployee, brought an action against the municipality. In Buckley v City of New York, a police officer was accidentally shot in the leg when a gun being loaded by a fellow...

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