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GORDON v. CITY OF NEW YORK

70 N.Y.2d 839 (1987)

Martin Gordon, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 19, 1987.

Attorney(s) appearing for the Case

Alan C. Rassner for appellant.

Peter L. Zimroth, Corporation Counsel (Pamela Seider Dolgow and Leonard Koerner of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER dissents and votes to reverse in an opinion in which Judge SIMONS concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The central question on this appeal is whether the City satisfied its duty of care to plaintiff, while in custody, to protect him from self-inflicted harm. Both parties acknowledge that a duty of care is owed by prison authorities with respect to the health and safety of their charges (see, e.g., O'Grady v City of Fulton...

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