GONZALEZ v. IOCOVELLO


93 N.Y.2d 539 (1999)

715 N.E.2d 489

693 N.Y.S.2d 486

MARIA C. GONZALEZ, Respondent, v. ANTHONY IOCOVELLO et al., Defendants, and CITY OF NEW YORK, Appellant. SEAN COSGRIFF, Respondent, and DIANE COSGRIFF, Plaintiff, v. CITY OF NEW YORK, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 30, 1999.


Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Barry P. Schwartz and Leonard Koerner of counsel), for appellant in the first above-entitled action.

Majewski & Poole, L. L. P., Garden City (Michael Majewski of counsel), and Trager, Cronin & Byczek, L. L. P., for respondent in the first above-entitled action.

Michael D. Hess, Corporation Counsel of New York City (Barry P. Schwartz and Leonard Koerner of counsel), for appellant in the second above-entitled action.

Decolator, Cohen & DiPrisco, L. L. P., Mineola (Joseph L. Decolator of counsel), and Godosky & Gentile, P. C., New York City (Richard Godosky and Anthony Gentile of counsel), for respondent in the second above-entitled action.

Michael B. Risman, Corporation Counsel of City of Buffalo (David J. State of counsel); Edward C. Farrell, Albany; Timothy G. Bax, Acting Corporation Counsel of City of Niagara Falls; Linda S. Kingsley, Corporation Counsel of City of Rochester; Frederick H. Ahrens, Jr., County Attorney of Steuben County, Bath; Gregory J. Poland, Acting Corporation Counsel of City of Binghamton; William F. Ketcham, Corporation Counsel of City of Newburgh; William M. Mooney, Corporation Counsel of City of Yonkers; John W. Dillon, Corporation Counsel of City of Utica; Robert R. Gregory, Albany, A. Kevin Crawford; Peter C. McGinnis, Corporation Counsel of City of Poughkeepsie; Gregory J. Amoroso, Corporation Counsel of City of Rome; Michael C. Brockbank, Corporation Counsel of City of Schenectady; Frederick R. Guy, Corporation Counsel of City of Syracuse; Patrick T. Morphy, Corporation Counsel of City of Troy; Jeffrey Schanback, New York City, and Wallace D. Gossett, Brooklyn, for New York State Conference of Mayors and Municipal Officials and others, amici curiae in the first and second above-entitled actions.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.


OPINION OF THE COURT

BELLACOSA, J.

These appeals by the City of New York once again present issues of municipal liability to police officers under General Municipal Law § 205-e. In Gonzalez, the question is whether that statute may support a lawsuit by an injured officer against the City based on a fellow officer's violation of Vehicle and Traffic Law § 1104 (e). In Cosgriff, the lawsuit...

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