O'CONNOR v. CITY OF NEW YORK


58 N.Y.2d 184 (1983)

William O'Connor et al., Respondents, v. City of New York, Appellant. Consolidated Edison Co. et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 23, 1983.


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Alfred Weinstein, Leonard Koerner and Bernard Abel of counsel), for appellant.

Herman Schmertz for William O'Connor and another, respondents.

Judges JASEN, JONES and SIMONS concur with Chief Judge COOKE; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judges FUCHSBERG and MEYER concur.


Chief Judge COOKE.

This appeal presents the question whether a municipality may be held liable for its inspector's failure to discover a leak in a gas system that ultimately caused an explosion. Inasmuch as there was no special relationship between the injured parties and the municipality, the municipality may not be held liable to plaintiffs for damages resulting from the explosion. The order of the Appellate...

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