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WILLIAMS v. CITY OF NY

2 N.Y.3d 352 (2004)

811 N.E.2d 1103

779 N.Y.S.2d 449

BERTHA WILLIAMS, Individually and as Mother and Natural Guardian of TENNILLE WILLIAMS, an Infant, et al., Appellants, v CITY OF NEW YORK, Respondent, et al., Defendants. ELIZABETH M. McCORMICK, Individually and as Executrix of JOHN F. McCORMICK, Deceased, Appellant, v CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided May 11, 2004.

Attorney(s) appearing for the Case

Queller Fisher Dienst Serrins Washor & Kool LLP, New York City (Richard A. Dienst and Barry Washor of counsel), and Seligson Rothman & Rothman (Martin S. Rothman and Alyne I. Diamond of counsel), for appellants in the first above-entitled action.

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

The Breakstone Law Firm, P.C., Bellmore (Jay L.T. Breakstone of counsel), for Detectives' Endowment Association, amicus curiae in the first above-entitled action.

Levy & Levy, New York City (Susan J. Levy and Judith R. Levy of counsel), for appellant in the second above-entitled action.

Michael A. Cardozo, Corporation Counsel, New York City (Julie Steiner and Barry P. Schwartz of counsel), for respondents in the second above-entitled action.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.

OPINION OF THE COURT

READ, J.

These appeals involve the tragic deaths of three New York City police officers killed in the line of duty. Plaintiffs seek recovery under General Municipal Law § 205-e, which creates a statutory right of action where an officer's injury or death is caused by a violation of certain statutes, ordinances, rules, orders and requirements of a governmental entity. In each case...

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