New York Court of Appeals

Edward G. Lauer, Respondent v. City of New York, Appellants

May 16, 200095 N.Y.2d 95

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the plaintiff's claim for negligent infliction of emotional distress, holding that no duty was owed by the City to the plaintiff despite the medical examiner's ministerial negligence. The decision notes that the dissenting opinions would have recognized a special relationship and allowed the claim to proceed.