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 or its medical examiner to the plaintiff. The decision was based on the lack of a special relationship and the statutory purpose of the medical examiner’s duties, which are owed to the public at large, not to individual suspects. Separate dissenting opinions argued that a duty existed and would have upheld the plaintiff’s claim.