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GROGAN v. CITY OF NY

259 A.D.2d 240 (1999)

699 N.Y.S.2d 12

WILLIAM GROGAN, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

November 23, 1999.

Attorney(s) appearing for the Case

Judith E. Accardi of counsel (Cary M. Tanzman on the brief; Tanzman & Cerbone, attorneys), for respondent.

Julian L. Kalkstein of counsel (Larry A. Sonnenshein and Barry Schwartz on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant.

NARDELLI, WILLIAMS, MAZZARELLI and ANDRIAS, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J. P.

The question on this appeal is whether, under General Obligations Law § 11-106, which permits a right of action for police officers and firefighters injured by the negligence or intentional conduct of any person except an employer or coemployee, a New York City police officer may sue the City of New York, not in its capacity as his employer, but rather in its capacity as owner of the premises abutting the sidewalk...

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