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LARATRO v. CITY OF NEW YORK

8 N.Y.3d 79 (2006)

861 N.E.2d 95

828 N.Y.S.2d 280

RICHARD LARATRO et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 21, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Deborah A. Brenner, Julie Steiner and Barry P. Schwartz of counsel), for appellants.

Walter G. Alton, Jr. & Associates, New York City (Walter G. Alton, Jr. and Richard J. Montes of counsel), and Mauro Goldberg & Lilling LLP, Great Neck (Kenneth Mauro of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and PIGOTT concur.

OPINION OF THE COURT

SMITH, J.

Protecting health and safety is one of municipal government's most important duties. Since municipalities are run by human beings, they sometimes fail in that duty, with harmful, even catastrophic, consequences. When that happens, as a general rule, the municipality is not required to pay damages to the person injured. The rationale for this rule is that the cost to municipalities of...

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