Falco v. City of New York
| Decision Date | 12 January 1972 |
| Parties | , 279 N.E.2d 854 Anthony FALCO, Appellant, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 34 A.D.2d 673, 310 N.Y.S.2d 524. Richard Frank, New York City (Benjamin Heller, New York City, of counsel), for plaintiff-appellant.
J. Lee Rankin, New York City (Stanley Buchsbaum, Eric J. Byrne, New York City, of counsel), for defendant-respondent.
Action was brought against the city to recover damages for personal injuries on ground that negligence of police officer investigating motorcycle accident to record the name and address of automobile driver made it impossible for the plaintiff motorcyclist to institute a negligence action against the driver of the automobile. The Supreme Court, Kings County, set aside the jury verdict in favor of the plaintiff and dismissed the complaint. The plaintiff appealed.
The Appellate Division affirmed. It held that the city was not liable for negligence of police officer failing to perform gratuitous promise to injured plaintiff to obtain name of other party allegedly involved in the accident. The plaintiff appealed.
In the Court of Appeals the plaintiff asserted that there existed a special relationship between the plaintiff and city requiring the city to exercise due care in its undertaking to the plaintiff. The city asserted that the duty imposed on police department to investigate accidents is one which runs to the public in general and not to particular individuals, that the promise allegedly made by police officer did not establish a special relationship resulting in creation of duty to plaintiff and that in any event the promise made by officer was outside the scope of his employment and such representation by city employee cannot create an estoppel against city.
Order affirmed, without costs.
All concur except BURKE, J., who dissents and votes to reverse.
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