McCORMACK v. CITY OF NEW YORK


172 A.D.2d 357 (1991)

Susan McCormack, as Administratrix of The Estate of Joseph McCormack, Deceased, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 23, 1991


Given that Officer McCormack was killed by shotgun pellets that pierced his shoulder and upper side underneath his arm, we understand plaintiff's first theory of liability to be that defendant-City was under a duty to provide its Emergency Service Unit personnel with a vest that afforded protection to these areas. Defendant did not need input from its ESU personnel, and the jury did not need input from experts, to appreciate that the Davis vest, concededly state of the art...

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