DESMOND v. CITY OF NEW YORK


88 N.Y.2d 455 (1996)

669 N.E.2d 472

646 N.Y.S.2d 492

Howard Desmond, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1996.


Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Barry P. Schwartz, Leonard Koerner and Stephen J. McGrath of counsel), for appellant.

Alexander J. Wulwick, New York City, and Newman, O'Malley & Epstein, P. C., for respondent.

Kramer, Dillof, Tessel, Duffy & Moore, New York City (Norman Bard and Matthew Gaier of counsel), for New York State Trial Lawyers' Association, amicus curiae.

Lysaght, Lysaght & Kramer, P. C., Lake Success (Raymond E. Kerno of counsel), for Patrolmen's Benevolent Association of the City of New York, amicus curiae.

Dennis C. Vacco, Attorney-General, Albany; Charles S. Turner, Albany; John Zagame, Albany; Charles S. Turner, County Attorney of Monroe County, Rochester; Robert Murphy, Corporation Counsel of City of Binghamton; Edward D. Peace, Corporation Counsel of City of Buffalo (Susan P. Wheatley of counsel); William Ketcham, Corporation Counsel of City of Newburgh; Robert Merino, Corporation Counsel of City of Niagara Falls; Peter McGinnis, Corporation Counsel of City of Poughkeepsie; Linda S. Kingsley, Corporation Counsel of City of Rochester; Diane M. Martin, Corporation Counsel of City of Rome; Michael Brockbank, Corporation Counsel of City of Schenectady; Joseph E. Lamendola, Corporation Counsel of City of Syracuse; Patrick Morphy, Corporation Counsel of City of Troy; Joseph Hobika, Corporation Counsel of City of Utica; Jeffrey Schanback, New York City; Wallace Gossett, Brooklyn; and Christina Lomolino, Corporation Counsel of City of Yonkers, for State of New York and others, amici curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

Plaintiff police officer brought this action against defendant New York City to recover for injuries he sustained as a result of a high-speed automobile chase that was allegedly conducted by his partner in violation of internal Police Department guidelines. The sole question before us in this appeal by defendant New York City is whether the particular departmental directive in issue was within the...

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