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BROCATO v. CITY OF NEW YORK

294 A.D.2d 281 (2002)

743 N.Y.S.2d 19

MARK BROCATO et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant, and NEW YORK CITY POLICE DEPARTMENT et al., Respondents. MARK BROCATO et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

Decided May 28, 2002.

Neither the Departmental Patrol Guide nor the Interim Order can serve as the basis for a claim under General Municipal Law § 205-e, since neither is a statute, regulation or ordinance and neither reflects a well-developed body of law, but merely guidelines, notwithstanding the use of mandatory terms. To permit either to serve as a predicate for a General Municipal Law § 205-e action would impose a higher standard of care than that imposed by law, and thereby serve...

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