BETTERLY v. ESTATE OF SEYMOUR SILVER


266 A.D.2d 30 (1999)

698 N.Y.S.2d 17

RONALD D. BETTERLY et al., Appellants, v. ESTATE OF SEYMOUR SILVER, Deceased, et al., Respondents.

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

Decided November 9, 1999.


Plaintiff, a New York City police officer, brought this action to recover pursuant to General Municipal Law § 205-e and on a common law negligence theory for injuries he sustained in premises owned by defendants when, in the course of his official duties, he fell within an apartment located on defendants' premises while attempting to apprehend a criminal suspect who was fleeing the premises through a window without bars. Under the circumstances at bar, however, neither...

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