Max Schuster, as Administrator of the Estate of Arnold L. Schuster v. City of New York

Summary

The New York Court of Appeals held that a municipality owes a special duty of reasonable care to protect individuals who have cooperated with law enforcement in the arrest or prosecution of criminals when danger to them is reasonably apparent, and therefore reversed the lower court's dismissal of the complaint. The Court also noted that this duty does not create an absolute liability and that the statutory provision §1848 of the Penal Law does not preclude the common‑law remedy. Several dissenting judges argued that no such duty exists and that the complaint fails to state a cause of action. The decision was affirmed by concurring judges who agreed with the majority's reasoning.