LAUER v. CITY OF NY


258 A.D.2d 92 (1999)

693 N.Y.S.2d 167

EDWARD G. LAUER, Respondent-Appellant, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

June 28, 1999.


Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Larry A. Sonnenshein and Julian L. Kalkstein of counsel), for appellants-respondents.

Leahey & Johnson, P. C., New York City (Michael Conforti of counsel), for respondent-appellant.

McGINITY and LUCIANO, JJ., concur with FRIEDMANN, J.; SULLIVAN, J.P., concurs in part and dissents in part in a separate opinion, in which ALTMAN, J., concurs.


OPINION OF THE COURT

FRIEDMANN, J.

On this appeal, we are asked to determine whether, under the circumstances presented here, the Office of the Chief Medical Examiner of the City of New York (hereinafter the Medical Examiner's Office) owed the plaintiff a duty of reasonable care to timely correct its records when it learned that the plaintiff's three-year-old son had died of natural causes rather than from a homicide, and when it knew or had reason to know...

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